The Oriental Insurance Co. Ltd vs Raju Sheet @ Kanai Sheet & Anr
2023 Latest Caselaw 7400 Cal

17.11.2023                  IN THE HIGH COURT AT CALCUTTA
 Ct. no.654                  CIVIL APPELLATE JURISDICTION
 Sl. No. 36.                        APPELLATE SIDE
     KB                                  ,,




                                   F.M.A.T. (MV) 205 of 2022
                                            with
                                     IA No. CAN 1 of 2022
                                            with
                                     IA No. CAN 2 of 2023



                               The Oriental Insurance Co. Ltd.
                                           Vs.
                               Raju Sheet @ Kanai Sheet & Anr.


                    Mr. Sanjay Paul
                    Ms. Jaita Ghosh
                                ... For appellants-insurance company.


                              In Re: IA No. CAN 2 of 2023.

                     This is an application for condonation of delay in

               preferring the appeal.

                      Mr. Sanjay Paul, learned advocate for appellant-

               insurance company submits that there is nominal delay of

               four 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.

In Re: IA No. CAN 1 of 2022.

This is an application for stay of operation of

impugned judgement and award dated 14th March, 2022

passed by learned Judge, Motor Accident Claims Tribunal,

2nd Court, Howrah in M.A.C. Case No. 876 of 2003 under

Section 166 of the Motor Vehicles Act, 1988.

By order dated 14th March, 2022, learned Tribunal

granted compensation of Rs.1,50,000/- together with

interest in favour of the claimant under Section 166 of the

Motor Vehicles Act, 1988.

Mr. Sanjay Paul, learned advocate for the appellant-

insurance company submits that the Insurance Company

has already deposited the statutory amount 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.

As per report of the Computer Section, Appellate

Side, High Court, Calcutta dated 13th June, 2022, no

caveat has been lodged.

The office report dated 30.07.2022 shows that the

insurance company has deposited statutory amount of

Rs.25,000/- with the registry of this Court in terms of

Section 173 of the Motor Vehicles Act vide OD challan

no.932 dated 24.06.2022.

In view of readiness and willingness on the part of

the appellant-insurance company to deposit the entire

awarded sum together with interest less statutory

amount, there shall be stay of operation of the impugned

judgment and award of the learned Tribunal for a period

of four weeks from date.

The appellant-insurance company is directed to

deposit the entire awarded sum together with interest less

statutory deposit before the learned 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 order of stay

shall continue till the disposal of this application. In

default to make deposit of the aforesaid amount, the

order of stay shall stand automatically vacated without

reference to this Court.

Learned Registrar General of this Court 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 this application upon the respondents and file

affidavit of service on the returnable date.

Let the matter appear on 18th December, 2023

under the same heading.

(Bivas Pattanayak, J.)