Kotak General Insurance Co. Ltd vs Jaynar Bibi & Ors
2023 Latest Caselaw 6311 Cal

20.09.2023                  IN THE HIGH COURT AT CALCUTTA
 Ct. no.654                  CIVIL APPELLATE JURISDICTION
 Sl. No. 236.                          APPELLATE SIDE
     KB                                  ,,




                                      F.M.A.T.(MV) 272 of 2023
                                              with
                                       IA No. CAN 1 of 2023
                                              with
                                       IA No. CAN 2 of 2023

                ,




                                 Kotak General Insurance Co. Ltd.
                                             Vs.
                                     Jaynar Bibi & Ors.
                ,,




                      Mr. Rajesh Singh
                                     ... for the appellant-Insurance Co.


                                  In Re: CAN 2 of 2023

                      This is an application for condonation of delay in

                preferring the appeal.

                      Mr.   Rajesh   Singh,   learned    advocate   for   the

                appellant-insurance company submits that for completion

                of official formalities there has been delay of 57 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 23rd December,

2022 passed by learned Additional District Judge, Fast

Track, 4th Court, Alipore, 24 Parganas (South) in M.A.C.

Case No. 10 of 2017 under Section 166 of the Motor

Vehicles Act, 1988.

By order dated 23rd December, 2022 the learned

Tribunal granted compensation of Rs.21,84,079/-

together with interest in favour of the claimants under

Section 166 of the Motor Vehicles Act, 1988.

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 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, no caveat has been lodged.

The office report dated 10.05.2023 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.331 dated 01.05.2023.

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 17th November, 2023 under

the heading "Application".

(Bivas Pattanayak, J.)