Calcutta High Court (Appellete Side)
National Insurance Co. Ltd vs Smt. Jhalmani Mejhan & Ors on 1 September, 2023
01.09.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. No.47 APPELLATE SIDE
KB ,,
F.M.A.T.(MV)390 of 2023
with
IA No. CAN 1 of 2023
with
IA No. CAN 2 of 2023
,
National Insurance Co. Ltd.
Vs.
Smt. Jhalmani Mejhan & Ors.
,,
Mr. Sanjay Paul
Ms. Jaita Ghosh
... for the appellant-Insurance Co.
In Re: CAN 2 of 2023
This is an application for condonation of
delay in preferring the appeal.
Mr. Sanjay Paul, learned advocate for the
appellant-insurance company submits that there is
delay of 27 days in preferring the appeal.
Appellant-insurance company is directed to
serve copy of this 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
impugned judgment and award dated 17th
February, 2023 passed by the learned Additional
District Judge, Fast Track, 2nd Court, Asansol,
Paschim Bardhaman in MAC case no. 41 of 2012
under Section 163A of the Motor Vehicles Act,
1988.
By order dated 17th February, 2023 the
learned Tribunal granted compensation of
Rs.4,84,700/- together with interest in favour of
the claimants under Section 163A of the Motor
Vehicles Act, 1988.
Mr. Sanjay Paul, 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
impugned judgment and award.
As per report of the Computer Section,
Appellate Side, High Court, Calcutta dated, 26th
July, 2023 no caveat has been lodged.
The office report dated 10th July, 2023 shows
that the insurance company has deposited
statutory amount of Rs.25,000/- with the registry
of this Court in terms of Section 173 of the Motor
Vehicles Act vide OD challan no.1032 dated
30.06.2023.
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 for a period of four weeks. The appellant-
insurance company is directed to deposit the entire
awarded sum together with interest less statutory
deposit before the learned Registrar General, High
Court, Calcutta within a period of four weeks from
date.
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
nationalised bank, until further orders.
Appellant-insurance company is directed to
serve copy of the application upon the respondents
and file affidavit of service on the returnable date.
Let the matter appear on 4th October, 2023
under the heading "Application".
< (Bivas Pattanayak, J.)
