Calcutta High Court (Appellete Side)
The Oriental Insurance Co. Ltd vs Parbati Mandi(Saren) & Ors on 21 September, 2023
21.09.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. Nos.239 APPELLATE SIDE
sn ,,
F.M.A.T.(MV)594 of 2023
(CAN 1 of 2023 & CAN 2/2023)
,
The Oriental Insurance Co. Ltd.
Vs.
Parbati Mandi(Saren) & Ors.
,,
Mr. Rajesh Singh
... for the appellant-Insurance Co.
In Re: CAN 1 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 completing
the official formalities, there has been delay of 313 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 2 of 2023
This is an application for stay of operation of the
judgment and award dated 26th July, 2022 passed by the
learned Additional District Judge-cum-Judge, Motor
Accident Claims Tribunal, 4th Court, Paschim Medinipur
in MAC case 420 of 2016 under Section 166 of the Motor
Vehicles Act, 1988.
By an order dated 26th July, 2022 the learned
Tribunal granted compensation of Rs.69,75,677.44/-
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 @ 6% per annum less
statutory deposit before the learned Registrar General,
High Court, Calcutta within such period as would be
directed by this Court. He further submits that the
claimants have already initiated execution proceedings
before the learned Tribunal being Money Execution Case
no. 4 of 2023. On such count, he prays for stay of
operation of impugned judgment and award as well as
further proceedings of aforesaid Execution Case.
As per report of the Computer Section, Appellate
Side, High Court, Calcutta dated 14.09.2023, no caveat
has been lodged.
The office report dated 15.09.2023 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.1763 dated 14.09.2023.
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 from
the date of filing of the claim application till payment less
statutory amount, there shall be stay of operation of the
impugned judgment and award of the learned Tribunal as
well as further proceeding in Money Execution Case no. 4
of 2023 for a period of four weeks.
The appellant-Insurance Company is directed to
deposit the entire awarded sum together with interest @
6% per annum from the date of filing of the claim
application till payment less statutory amount 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 20th November, 2023 under
the heading "Application".
< (Bivas Pattanayak, J.)
