National Insurance Co.Ltd vs Malati Hembram & Ors
2023 Latest Caselaw 6140 Cal

13.09.2023               IN THE HIGH COURT AT CALCUTTA
                           CIVIL APPELLATE JURISIDCTION
Ct.No.654                         APPELLATE SIDE
Sl. 228
  KB                                         ,,




                                   F.M.A.T.1227 of 2014
                                           with
                                    IA No.CAN 1 of 2014
                                 (Old No. CAN 12350 of 2014)
                                           with
                                    IA No.CAN 2 of 2014
                                 (Old No. CAN 12352 of 2014)

             ,




                                 National Insurance Co.Ltd.
                                             Vs.
                                  Malati Hembram & Ors.
             ,,




                   Mr. M. P. Chakraborty
                   Ms. Swarnali Biswas
                   Ms. R. Karmakar
                               ... for the appellant-Insurance Co.

                   Affidavit of Service filed on behalf of the appellant-

             insurance company is taken on record.

                               In Re: CAN 2 of 2014
                           (Old No. CAN 12352 of 2014)

                    This is an application for condonation of delay in

             preferring the appeal.

                   Mr. M.P.Chakrabroty, learned advocate for the

             appellant-insurance company submits that there has

             been delay of 61 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 1 of 2014 (Old No. CAN 12350 of 2014)

This is an application for stay of operation of the

judgment and award dated 19th March, 2014 passed by

learned Additional District Judge cum Judge, Motor

Accident Claims Tribunal, 6th Court, Paschim Medinipur

in MAC case 281 of 1999 under Section 166 of the Motor

Vehicles Act, 1988.

By an order dated 19th March, 2014, the learned

Tribunal granted compensation of Rs.2,25,500/- together

with interest in favour of the claimants under Section 166

of the Motor Vehicles Act, 1988.

Mr. M. P. Chakraborty, 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 24.12.2014, no caveat

has been lodged.

The office report dated 05.02.2015 shows that the

insurance company has deposited the 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.2869 dated 29.01.2015.

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 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 16th October, 2023 under

the heading "Application".

               <                     (Bivas Pattanayak, J.)