Calcutta High Court (Appellete Side)
Shriram General Insurance Co. Ltd vs Mona Sarawgi & Ors on 17 October, 2023
17.10.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. no.204 APPELLATE SIDE
sn ,,
F.M.A.T.(MV)590 of 2023
(CAN 1 of 2023 & CAN 2 of 2023)
,
Shriram General Insurance Co. Ltd.
Vs.
Mona Sarawgi & Ors.
,,
Mr. Rajesh Singh
... for the appellant-Insurance Co.
Mr. Jayanta Kumar Mondal
..for the respondents-claimants
In Re: CAN 2 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 11 days in preferring the appeal.
Mr. Jayanta Kumar Mondal, learned advocate
appears on behalf of the respondent nos. 1 to 5.
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 1 of 2023
This is an application for stay of operation of the
judgment and award dated 17th May, 2023 passed by the
learned Additional District Judge-cum-Judge, Motor
Accident Claims Tribunal, Fast Track, 2nd Court, Purulia
in MAC case 58 of 2019 under Section 166 of the Motor
Vehicles Act, 1988.
By an order dated 17th May, 2023, the learned
Tribunal granted compensation of Rs.1,04,40,685/-
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. He
further submits that the claimants have already initiated
Misc. Execution Case no. 2 of 2023. On such count, he
prays for stay of operation of the impugned judgment and
award as well as further proceeding of the aforesaid
execution case.
Mr. Jayanta Kumar Mondal, learned advocate for
the respondents-claimants does not raise any objection.
As per report of the Computer Section, Appellate
Side, High Court, Calcutta 04.10.2023, no caveat has
been lodged.
The office report dated 18.09.2023 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.1732 dated 12.09.2023.
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 as well as further
proceeding in Misc. Execution Case No. 2 of 2023 pending
before 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 18th December, 2023 under
the heading "Application".
< (Bivas Pattanayak, J.)
