Calcutta High Court (Appellete Side)
National Insurance Co. Ltd. & Anr vs Sandhya Keora & Ors on 13 October, 2023
13.10.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. no.230 APPELLATE SIDE
sn ,,
F.M.A.T.(MV)554 of 2022
(CAN 1 of 2023 & CAN 2 of 2023)
,
National Insurance Co. Ltd. & Anr.
Vs.
Sandhya Keora & Ors.
,,
Mr. Sanjay Paul
... for the appellant-Insurance Co.
Mr. Subhankar Mondal
..for the respondents-claimants
In Re: CAN 2 of 2023
This is an application for condonation of delay in
preferring the appeal.
Mr. Sanjay Paul, learned advocate for the appellant-
insurance company submits that there is delay of 263
days in preferring the appeal.
Mr. Subhankar Mondal, learned advocate for the
respondent nos. 1 & 2 (claimants) submits that he has
been served with a copy of the application.
Appellant-insurance company is directed to serve
copy of the application upon the respondent no.3 and file
affidavit of service on the returnable date.
In Re: CAN 1 of 2023
This is an application for stay of operation of the
judgment and award dated 26th August, 2022 passed by
the learned Additional District Judge-cum-Judge, Motor
Accident Claims Tribunal, 2nd Court, Asansol, Paschim
Bardhaman in MAC case 52 of 2016 under Section 166 of
the Motor Vehicles Act, 1988.
By an order dated 26th August, 2022, the learned
Tribunal granted compensation of Rs.22,59,616/-
together with interest in favour of the claimants under
Section 166 of the Motor Vehicles Act, 1988.
Mr. Sanjay Paul, 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.
Mr. Subhankar Mondal, learned advocate for the
respondent nos.1 & 2 (claimants) does not raise any
objection.
As per report of the Computer Section, Appellate
Side, High Court, Calcutta 03.04.2023, no caveat has
been lodged.
The office report dated 12.12.2022 shows that the
insurance company has deposited the statutory amount
of Rs.25,000/- with the registry of this Court terms of
Section 173 of the Motor Vehicles Act vide OD challan
no.2773 dated 08.12.2022.
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 respondent no.3 and
file affidavit of service on the returnable date.
Mr. Subhankar Mondal, learned advocate for the
respondent nos.1 & 2 (claimants) have also filed cross
objection being COT 22 of 2023.
List COT 22 of 2023 along with the appeal.
The department concerned is directed to place COT
22 of 2023 along with the report of delay, if any, in filing
the cross objection.
Let the matter appear on 12th December, 2023 under
the heading "Application".
< (Bivas Pattanayak, J.)
