New India Assurance Co. Ltd vs Allo Hembram & Ors
2023 Latest Caselaw 1984 Cal

                          IN THE HIGH COURT AT CALUTTA
                             Civil Appellate Jurisdiction
 24.03.2023
  SL No.259
Court No. 654
   Ali


                          F.M.A.T. (MV) 62 of 2023
                          IA No: CAN/1/2023, CAN/2/2023
                            New India Assurance Co. Ltd.
                                     Vs.
                             Allo Hembram & Ors.

                 Mr.Rajdeep Bhattacharya
                             ...for the appellant-Insurance Co.

                          Mr. Rajdeep Bhattacharya, learned advocate

                for the appellant-insurance company seeks liberty to

                correct the date of judgment and award in the

                Memorandum of Appeal.

                          Liberty   granted    to   correct   the   date   of

                judgment and award in the Memorandum of Appeal.

                 CAN 1 of 2023
                          This is an application for condonation of

                delay under Section 5 of the Limitation Act, 1963.

                       Mr. Rajdeep Bhattacharya, learned advocate

                for appellant-insurance company submits that there

                has been nominal delay of 3 days in preferring the

                appeal.

                          Appellant-insurance company is directed to

                serve copy of this application upon the respondents

and file affidavit-of-service on the returnable date.

CAN 2 of 2023

This is an application for stay of operation of

impugned judgment and award dated 30th

September, 2022 passed by learned Additional

District Judge, Fast Track, 1st Court, Malda, in

M.A.C. Case no.174 of 2017 under Section 163A of

the Motor Vehicles Act, 1988.

By order dated 30th September, 2022 the

learned tribunal granted compensation of

Rs.4,70,000/- in favour of the claimants together

with interest under Section 163A of the Motor

Vehicles Act, 1988.

Mr. Rajdeep Bhattacharya, learned advocate

for appellant-insurance company submits that the

insurance company has already deposited the

statutory amount of Rs.25,000/-and is ready and

willing to deposit the entire awarded sum together

with interest less statutory deposit before the

learned Registrar General, High Court, Calcutta

within such period as would be directed by this

Court. On such count he prays for stay of operation

of impugned judgment and award. He files photo

copy of Challan being No. 4057 dated 14th March,

2023.

As per the report of the Computer Section,

Appellate Side, High Court, Calcutta, no caveat has

been lodged.

The photo copy of challan being No. 4057

dated 14th March, 2023 shows deposit of statutory

amount of Rs.25,000/- under Section 173 of the

Motor Vehicles Act, 1988.

In view of readiness and willingness on the

part of appellant-insurance company to deposit the

entire awarded sum together with interest less

statutory deposit, there shall be stay of operation of

the impugned judgment and award for a period of

four weeks. Appellant-insurance company is

directed to deposit the entire awarded sum together

with interest less statutory deposit before the

Registrar General, High Court, Calcutta within a

period of four weeks from date.

In the event the appellant-insurance

company makes deposit of the aforesaid amount the

stay shall continue till the disposal of this

application. In default to make deposit of the

aforesaid amount, the stay shall stand automatically

vacated without reference to this Court.

Learned Registrar General, High Court,

Calcutta shall ensure that the amount to be

deposited by the appellant-insurance company be

invested in a short-term auto renewable scheme of

any nationalized bank until further orders.

Appellant-insurance company is directed to

serve copy of the application upon the respondents

and file affidavit of service on the returnable date.

Let the matter appear on 24th April, 2023

under the heading "Applications".

(Bivas Pattanayak, J.)