National Insurance Co. Ltd vs Mamoni Digar & Ors
2024 Latest Caselaw 5095 Cal

Calcutta High Court (Appellete Side)

National Insurance Co. Ltd vs Mamoni Digar & Ors on 3 October, 2024

03.10.2024
 Ct. No.33
 Sl. No.19
  cm                           FMAT(MV) 533 of 2024
                                 CAN 1 of 2024


                              National Insurance Co. Ltd.
                                        Vs.
                              Mamoni Digar & Ors.

                          Mr. Deb Narayan Ray
                          ... for the appellant/insurance company


                             In RE: CAN 1 of 2024

                   The       learned      advocate              for          the

             appellant/insurance company is present.

                   None             appeared              for                the

             respondents/claimants.

Perused the report filed by the Stamp

Reporter dated 01.10.2024. From the report it

reveals that the appeal is in time.

The Department is directed to register the

appeal.

Call for the lower court records.

                    The      learned          advocate          for          the

             appellant/insurance       company     submits            to    have

deposited the statutory amount of Rs. 25,000/- vide

challan No. 1650 dated 18th September, 2024. Let

the said challan be kept on record.

The learned advocate for the appellant has

filed CAN 1 of 2024 with a prayer to deposit a sum

of Rs.14,75,200/- along with interest to be

calculated @ 6 % per annum before the office of the

learned Registrar General, High Court at Calcutta

with a deduction of Rs. 25,000/- which has been

the statutory amount deposited at the time of

institution of the instant appeal.

The appellant is granted two weeks after

vacation time period to deposit the aforesaid

amount before the office of the learned Registrar

General, High Court at Calcutta.

The Registrar General, High Court at

Calcutta is directed to deposit the said amount in a

Nationalized Bank in an auto renewable fixed

deposit for a temporary period till the disposal of the

instant appeal.

Next date be fixed on 17th December, 2024.

The interim stay of the impugned judgment

and order dated 18th July, 2024 passed by the

learned Judge, Motor Accident Claims Tribunal cum

Additional District & Sessions Judge, Fast Rack 3 rd

Court, Sadar Paschim Medinipur in M.A.C. Case No.

274 of 2022 be stayed till further orders of the

instant appeal .

The learned advocate for the

appellant/insurance company is directed to serve

copy of the memo of appeal and notice upon the

respondents and file affidavit of service on the next

date of hearing.

Copy of the order be communicated to the

office of the learned Registrar General, High Court at

Calcutta for information and necessary action.

(Ananya Bandyopadhyay, J.)