The Oriental Insurance Co. Ltd vs Sahadeb Mishra & Anr
2023 Latest Caselaw 7103 Cal

13.10.2023                   IN THE HIGH COURT AT CALCUTTA
 Ct. no.654                  CIVIL APPELLATE JURISDICTION
 Sl. no.234                          APPELLATE SIDE
     sn                                 ,,




                                   F.M.A.T.(MV)518 of 2022
                                 (CAN 1 of 2023 & CAN 2 of 2023)
              ,




                             The Oriental Insurance Co. Ltd.
                                             Vs.
                                 Sahadeb Mishra & Anr.
              ,,




                      Mr. Rajesh Singh
                                  ... for the appellant-Insurance Co.



                                     In Re: CAN 1 of 2023

                      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 54 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 the

judgment and award dated 30th May, 2022 passed by the

learned Judge, Motor Accident Claims Tribunal, Fast

Track, 1st Court, Tamluk, Purba Medinipur in MAC case

15 of 2016 under Section 166 of the Motor Vehicles Act,

1988.

By an order dated 30th May, 2022, the learned

Tribunal granted compensation of Rs.3,71,500/- 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 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 02.03.2023, no caveat has

been lodged.

The office report dated 22.05.2023 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.4104 dated 16.03.2023.

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 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 12th December, 2023 under

the heading "Application".

              <                    (Bivas Pattanayak, J.)