Calcutta High Court (Appellete Side)
The New India Assurance Co. Ltd vs Sarala Mondal & Anr on 18 October, 2023
18.10.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. no.207 APPELLATE SIDE
sn ,,
F.M.A.T.(MV)683 of 2023
(CAN 1 of 2023 & CAN 2/2023)
,
The New India Assurance Co. Ltd.
Vs.
Sarala Mondal & Anr.
,,
Ms. Gopa Das Mukherjee
... for the appellant-Insurance Co.
In Re: CAN 1 of 2023
This is an application for condonation of delay in
preferring the appeal.
Ms. Gopa Das Mukherjee learned advocate for the
appellant-insurance company submits that there is delay
of 2 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 June, 2023 passed by the
learned Additional District Judge-cum-Judge, Motor
Accident Claims Tribunal, Fast Track, 4th Court, Alipur,
South 24 Parganas in MAC case 829 of 2018 under
Section 166 of the Motor Vehicles Act,1988 as well as
further proceeding in Execution Case.
By an order dated 30th June, 2023, the learned
Tribunal granted compensation of Rs.9,02,941/- together
with interest in favour of the claimant under Section 166
of the Motor Vehicles Act, 1988.
Ms. Gopa Das Mukherjee, 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.
She further submits that the claimant has already
initiated MAC Execution Case no. 93 of 2023. On such
count, she prays for stay of operation of the impugned
judgment and award as well as further proceeding of the
aforesaid execution case.
As per report of the Computer Section, Appellate
Side, High Court, Calcutta 13.10.2023, no caveat has
been lodged.
The office report dated 17.10.2023 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.2173 dated 16.10.2023.
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 MAC Execution Case No. 93 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 19th December, 2023 under
the heading "Application".
< (Bivas Pattanayak, J.)
