Calcutta High Court (Appellete Side)
The New India Assurance Company ... vs Palash Mondal And Anr on 6 October, 2023
06.10.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. No.247 APPELLATE SIDE
KB ,,
F.M.A.T.(MV)575 of 2023
with
IA No. CAN 1 of 2023
with
IA No. CAN 2 of 2023
The New India Assurance Company Ltd.
Vs.
Palash Mondal and Anr.
,,
Ms. Sayanti Santra
... for the appellant-Insurance Co.
In Re: CAN 1 of 2023
This is an application for condonation of delay
under Section 5 of the Limitation Act.
Ms. Sayanti Santra, learned advocate for the
appellant-insurance company submits that there is delay
of 141 days in preferring the appeal.
Appellant-insurance company is directed to serve
copy of the application upon the respondents and file
affidavit of service on the returnable date.
In Re: CAN 2 of 2023
This is an application for stay of operation of
impugned judgment and award dated 17th January, 2023
passed by the learned Additional District Judge cum
Judge, Motor Accident Claims Tribunal, 16th Court,
Alipore, South 24 Parganas, in MAC Case No. 79 of 2017
under Section 166 of the Motor Vehicles Act, 1988.
By order dated 17th January, 2023, the learned
Tribunal granted compensation of Rs.4,83,400/- together
with interest in favour of the claimant under Section 166
of the Motor Vehicles Act, 1988.
Ms. Sayanti Santra, 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, she prays for stay of operation of impugned
judgment and award.
As per report of the Computer Section, Appellate
Side, High Court, Calcutta dated 8th September, 2023 no
caveat has been lodged.
The office report dated 14.09.2023 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.1745 dated 13.09.2023.
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 of the learned Tribunal till 24th November,
2023. 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 24th November, 2023.
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 nationalised 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 1st December, 2023 the
heading "Application".
< (Bivas Pattanayak, J.)
