Calcutta High Court (Appellete Side)
Shriram General Insurance Co. Ltd vs Kadir Alam @ Md. Kadir & Anr on 11 October, 2023
11.10.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. no.254 APPELLATE SIDE
sn ,,
F.M.A.T.43 of 2020
CAN 1 of 2020 (Old CAN 1260 of 2020)
CAN 2 of 2020 (Old CAN 1268 of 2020)
CAN 3 of 2023
,
Shriram General Insurance Co. Ltd.
Vs.
Kadir Alam @ Md. Kadir & Anr.
,,
Mr. Rajesh Singh
... for the appellant-Insurance Co.
In Re: CAN 3 of 2023
This is an application for restoration and/or
recalling of the order dated 26th September, 2023.
By order dated 26th September, 2023, the appeal of
the insurance company has been dismissed for default
along with the connected applications.
Mr. Rajesh Singh, learned advocate for the
appellant-insurance company submits that at the time
when the matter was called on, he could not reach the
Court due to which reasons the matter was dismissed for
default. He submits for restoration of the appeal.
It is contended in the application that the learned
advocate for the appellant-insurance company could not
reach the Court in time which resulted of the dismissal of
the appeal along with the connected applications for
default. The cause shown is sufficient to recall the order
dated 26th September, 2023 of dismissal. Accordingly, the
order dated 26th September, 2023 stands recalled.
2
The appeal and the connected applications are
restored to its original file and number.
The application being CAN 3 of 2023 stands
disposed of.
In Re: CAN 1 of 2020(Old CAN 1260 of 2020)
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 117 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 2020(Old CAN 1268 of 2020)
This is an application for stay of operation of the
impugned judgment and award dated 15th June, 2019
passed by the learned Additional District Judge-cum-
Judge, Motor Accident Claims Tribunal, Fast Track, 2nd
Court, Islampur, Uttar Dinajpur in MAC case 5 of 2017
under Section 166 of the Motor Vehicles Act,1988.
By an order dated 15th June, 2019, the learned
Tribunal granted compensation of Rs.2,96,600/- together
with interest in favour of the claimants under Section 166
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 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 06.02.2020 no caveat has
been lodged.
The office report dated 14.06.2021 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.59 dated 13.04.2021.
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 2nd Week of
December, 2023.
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 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.)
