Calcutta High Court (Appellete Side)
Bajaj Allianz General Insurance ... vs Tapas Kumar Mondal & Anr on 11 October, 2023
11.10.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. no.253 APPELLATE SIDE
sn ,,
F.M.A.T.531 of 2019
CAN 1 of 2019(Old CAN 8839 of 2019)
CAN 2 of 2019( (Old CAN 8840 of 2019)
,
Bajaj Allianz General Insurance Co. Ltd.
Vs.
Tapas Kumar Mondal & Anr.
,,
Mr. Rajesh Singh
... for the appellant-Insurance Co.
In Re: CAN 1 of 2019(Old CAN 8839 of 2019)
This is an application for condonation of delay in
preferring the appeal.
Mr. Rajesh Singh, learned advocate for the
appellant-insurance company submits that there is delay
of 56 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 2019(Old CAN 8840 of 2019)
This is an application for stay of operation of the
impugned judgment and award dated 17th January, 2019
passed by the learned Additional District Judge-cum-
Judge, Motor Accident Claims Tribunal, 2nd Court,
Uluberia, Howrah in MAC case 35 of 2013 under Section
163A of the Motor Vehicles Act,1988.
By an order dated 17th January, 2019, the learned
Tribunal granted compensation of Rs.12,59,389/-
together with interest in favour of the claimants under
Section 163A of the Motor Vehicles Act, 1988.
Mr. Rajesh Singh, 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 @ 6% per annum 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 the impugned judgment and award.
As per report of the Computer Section, Appellate
Side, High Court, Calcutta 02.09.2019, no caveat has
been lodged.
The office report dated 18.08.2023 shows that the
insurance company has deposited the 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.452 dated 14.06.2019.
In view of readiness and willingness on the part of
the appellant-Insurance Company to deposit the entire
awarded sum together with interest @ 6% per annum less
statutory amount, there shall be stay of operation of the
impugned judgment and award of the learned Tribunal till
2nd Week of December, 2023.
The appellant-Insurance Company is directed to
deposit the entire awarded sum together with interest @
6% per annum less statutory amount before the learned
Registrar General, High Court, Calcutta within 2nd week of
December, 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 nationalized bank, until further
orders.
The appellant-insurance company is directed to serve
a copy of this application upon the respondents and file
affidavit of service on the returnable date.
Let the matter appear on 11th December, 2023 under
the heading "Application".
< (Bivas Pattanayak, J.)
