National Insurance Co. Ltd vs Ashoka Ruidas & Ors
2023 Latest Caselaw 6310 Cal

20.09.2023                  IN THE HIGH COURT AT CALCUTTA
 Ct. no.654                  CIVIL APPELLATE JURISDICTION
 Sl. No. 235.                          APPELLATE SIDE
     KB                                  ,,




                                      F.M.A.T.(MV)153 of 2023
                                              with
                                       IA No. CAN 1 of 2023
                                              with
                                       IA No. CAN 2 of 2023

                ,




                                     National Insurance Co. Ltd.
                                               Vs.
                                      Ashoka Ruidas & Ors.
                ,,




                      Mrs. Sucharita Paul
                                     ... for the appellant-Insurance Co.



                                  In Re: CAN 2 of 2023

                      This is an application for condonation of delay in

                preferring the appeal.

                      Mrs. Sucharita Paul, learned advocate for the

                appellant-insurance company submits that for completing

                official formalities there has been delay of 150 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 29th September,

2022 passed by learned Additional District Judge cum

Judge, Motor Accident Claims Tribunal, Fast Track Court,

Suri, Birbhum in M.A.C. Case No. 274 of 2018 under

Section 166 of the Motor Vehicles Act, 1988.

By order dated 29th September, 2022 the learned

Tribunal granted compensation of Rs.24,15,244/-

together with interest in favour of the claimants under

Section 166 of the Motor Vehicles Act, 1988.

Mrs. Sucharita 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 @ 6% per annum less

statutory deposit before the learned Registrar General,

High Court, Calcutta within such period as would be

directed by this Court. On such count, she prays for stay

of operation of impugned judgment and award.

As per report of the Computer Section, Appellate

Side, High Court, Calcutta dated 19th April, 2023, no

caveat has been lodged.

The office report dated 06.06.2023 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.594 dated 01.06.2023.

In view of readiness and willingness on the part of

the appellant-insurance company to deposit the entire

awarded sum together with interest @ 6% per annum 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 @ 6% per annum 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 17th November, 2023 under

the heading "Application".

(Bivas Pattanayak, J.)