Calcutta High Court (Appellete Side)
Limited vs Manas Chatterjee & Ors on 4 October, 2023
04.10.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
D/L 241
ab ,,
FMAT (MV) 423 of 2023
With
CAN 1 of 2023
With
CAN 2 of 2023
,
Cholamandalam MS General Insurance Company
Limited
Vs.
Manas Chatterjee & Ors,
,,
Ms. Sudarshana Dutta
... for the appellant-insurance company
Re: CAN 1 of 2023 (Section 5)
This is an application for condonation of delay in
preferring the present appeal.
Ms. Sudarshana Dutta, learned advocate for the
appellant-insurance company submits that there has
been delay of 31 days in preferring the present appeal.
Learned advocate for the appellant-insurance
company is directed to serve copy of this application upon
the respondents and file affidavit of service on the
returnable date
Re : CAN 2 of 2023 (Stay)
This is an application for stay of operation of the
impugned judgment and award dated 31st January, 2023
passed by the learned Judge, Motor Accident Claims
Tribunal, 3rd Court, Bankura (In-charge), in MAC Case
No. 179 of 2015 under Section 166 of the Motor Vehicles
Act, 1988.
By such order dated 31st January, 2023, the learned
Tribunal granted compensation in favour of the claimants
to the tune of Rs. 9,71,400/- together with interest under
Section 166 of the Motor Vehicles Act.
Ms. Sudarshana Dutta, 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 learned
Registrar General, High Court, Calcutta within such time
as would be directed by this Court. On such count, she
prays for stay of operation of the impugned judgment and
award.
The report of the Computer Section, Appellate Side,
High Court, Calcutta dated 13th September, 2023 shows
that no caveat has been lodged.
The office report dated 11th July, 2023 shows deposit
of statutory amount of Rs.25,000/- in terms of Section
173 of the Motor Vehicles Act with the Registry of this
Court vide OD Challan No.1095 dated 07.07.2023.
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 passed by the learned Tribunal for a period of
four weeks. The appellant-Insurance Company is directed
to deposit the entire awarded sum together with interest
less statutory amount 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.
The 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 29th November, 2023
under the heading 'Application'.
< (Bivas Pattanayak, J.)
