National Insurance Company ... vs Bablu Halder & Ors
2023 Latest Caselaw 7282 Cal

18.10.2023                 IN THE HIGH COURT AT CALCUTTA
  Ct. no.654                CIVIL APPELLATE JURISDICTION
  D/L 199
    ab                                   ,,




                                  FMAT (MV) 478 of 2023
                                         With
                                     CAN 1 of 2023
                                         With
                                     CAN 2 of 2023
               ,




                        National Insurance Company Limited
                                        Vs.
                                 Bablu Halder & Ors,
               ,,




               Mr. Guddu 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.   Guddu      Singh,     learned    advocate   for   the

               appellant-insurance company submits that there has

               been delay of 91 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 1st February, 2023

passed by the learned Judge, Motor Accident Claims

Tribunal, Special Court (NDPS Act), 12th Court, Alipore,

24 Parganas (South) in MAC Case No. 20 of 2016 under

Section 163A of the Motor Vehicles Act, 1988.

By such order dated 1st February, 2023, the learned

Tribunal granted compensation in favour of the claimants

to the tune of Rs. 5,00,000/- together with interest under

Section 163A of the Motor Vehicles Act.

Mr. Guddu 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 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 18th August, 2023 shows that

no caveat has been lodged.

The office report dated 17th August, 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.1453 dated 10.08.2023.

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 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 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 18th December, 2023

under the heading 'Application'.

                     <                   (Bivas Pattanayak, J.)