Bajaj Allianz General Insurance Co. Ltd vs Jaga Samanta & Anr
2024 Latest Caselaw 5107 Cal

Calcutta High Court (Appellete Side)

Bajaj Allianz General Insurance Co. Ltd vs Jaga Samanta & Anr on 3 October, 2024

03.10.2024
 Ct. No.33
 Sl. No.21
  cm                              FMAT(MV) 540 of 2024
                                    CAN 1 of 2024


                            Bajaj Allianz General Insurance Co. Ltd.
                                          Vs.
                              Jaga Samanta & Anr.

                           Mr. Soumalya Ganguly
                           ... for the appellant/insurance company

                           Mr. Jayanta Mondal
                           Mr. Sayantan Rakshit
                                 ... for the respondent/claimant

In RE: CAN 1 of 2024

The learned advocate for the appellant/insurance

as well as respondent/claimant are present.

Perused the report filed by the Stamp Reporter

dated 26.09.2024. From the report it reveals that the

appeal is in time.

The Department is directed to register the appeal.

Call for the trial court records.

The learned advocate for the appellant/insurance

company submits to have deposited the statutory

amount of Rs. 25,000/- vide challan No. 1652 dated 18 th

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.10,52,800/- 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 9th January, 2025.

The interim stay of the impugned judgment and

order dated 20th June, 2024 passed by the learned judge,

Motor Accident Claim Tribunal cum Additional District &

Sessions Judge, Fast Track II Court, Diamond Harbour,

South 24 Pargans in M.A.C. Case No. 46 of 2019 be

stayed till further orders of the instant appeal .

The learned advocate for the respondent/claimant

is to prepare the informal paper book and file the same 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.)