Calcutta High Court (Appellete Side)
United India Insurance Co.Ltd vs Amar Chand Baidya & Ors on 13 October, 2023
13.10.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. Nos.236 APPELLATE SIDE
sn ,,
F.M.A.T.1146 of 2019
CAN 1 of 2019(Old CAN 11104 of 2019)
CAN 2 of 2019(Old CAN 11105 of 2019)
,
United India Insurance Co.Ltd
Vs.
Amar Chand Baidya & Ors.
,,
Mr. Rajesh Singh
... for the appellant-Insurance Co.
In Re: CAN 1 of 2019(old CAN 11104 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 a
delay of 115 days in preferring the appeal.
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.
In Re: CAN 2 of 2019(old CAN 11105 of 2019)
This is an application for stay of operation of
impugned judgment and award dated 16th April, 2019
passed by the learned Additional District Judge-cum-
Judge, Motor Accident Claim Tribunal, 4th Court, Alipore
in MAC case no.119 of 2008 under Section 166 of the
Motor Vehicles Act, 1988.
By an order dated 16th April, 2019, the learned
Tribunal granted compensation of Rs.6,11,000/- together
with interest in favour of the claimant 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 50% of the
awarded sum together with interest as directed by the
learned Tribunal 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 to the extent of liability of the appellant-insurance
company.
As per report of the Computer Section, Appellate
Side, High Court, Calcutta dated 20.11.2019, no caveat
has been lodged.
The office report dated 10.10.2023 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.1756 dated 28.11.2019.
In view of readiness and willingness on the part of
the appellant-Insurance Company to deposit the 50% of
the awarded sum together with interest as directed by the
learned Tribunal less statutory amount, there shall be
stay of operation of the impugned judgment and award to
the extent of 50% of the awarded sum granted by the
learned Tribunal till 2nd week of December, 2023.
The appellant-Insurance Company is directed to
deposit 50% of the awarded sum together with interest in
terms of the order of the learned Tribunal less statutory
deposit 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 12th December, 2023 under
the heading "Application".
< (Bivas Pattanayak, J.)
