Calcutta High Court (Appellete Side)
National Insurance Company ... vs Sumita Kar & Ors on 18 October, 2023
18.10.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
D/L 202
ab ,,
FMAT (MV) 630 of 2023
With
CAN 1 of 2023
With
CAN 2 of 2023
,
National Insurance Company Limited
Vs.
Sumita Kar & Ors,
,,
Mr. Rajesh Singh
... for the appellant-insurance company
Re: CAN 1 of 2023 (Section 5)
This is an application for condonation of delay in
preferring the present appeal.
Mr. Rajesh Singh, learned advocate for the
appellant-insurance company submits that there has
been delay of 24 days in preferring the present appeal.
Learned advocate for the appellant-insurance
company is directed to serve copy of this application upon
the respondents and file affidavit of service on the
returnable date.
Re : CAN 2 of 2023 (Stay)
This is an application for stay of operation of the
impugned judgment and award dated 31st May, 2023
passed by the learned Additional District Judge-cum-
Judge, Motor Accident Claims Tribunal, 2nd Court,
Contai, in MAC Case No. 05 of 2022 under Section 166 of
the Motor Vehicles Act, 1988.
By such order dated 31st May 2023, the learned
Tribunal granted compensation in favour of the claimants
to the tune of Rs. 48,89,480/- together with interest under
Section 166 of the Motor Vehicles Act.
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 @ 6% per annum less statutory
deposit before learned Registrar General, High Court,
Calcutta within such time as would be directed by this
Court. On such count, he prays for stay of operation of
the impugned judgment and award.
The report of the Computer Section, Appellate Side,
High Court, Calcutta dated 10th October, 2023 shows that
no caveat has been lodged.
The office report dated 7th October, 2023 shows
deposit of statutory amount of Rs. 25,000/- in terms of
Section 173 of the Motor Vehicles Act with the Registry of
this Court vide OD Challan No.1962 dated 29.09.2023.
In view of readiness and willingness on the part of
the appellant-Insurance Company to deposit the entire
awarded sum together with interest @ 6% per annum less
statutory amount, there shall be stay of operation of the
impugned judgment and award passed by the learned
Tribunal till 2nd week of December, 2023. The appellant-
Insurance Company is directed to deposit the entire
awarded sum together with interest @ 6% per annum 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 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.)
