Calcutta High Court (Appellete Side)
National Insurance Company Ltd vs Nivedita Modak & Ors on 7 October, 2024
07.10.2024
Ct. No.33
Sl. No. 66
tbsr
FMAT (MV) 530 of 2024
With
CAN 1 of 2024
with
CAN 2 of 2024
National Insurance Company Ltd.
Vs.
Nivedita Modak & Ors.
Mrs. Sucharita Paul
....for the appellant/Insurance Company
Re: CAN 1 of 2024
The learned advocates for the
appellant/insurance company is present.
None appeared for the respondents/claimants.
Perused the report filed by the Stamp Reporter
dated 11.09.2024. 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. 1630 dated 13th 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.66,26,106/- 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.
The interim stay of the impugned
judgment and order dated 19th July, 2024 passed
by the learned Motor Accident Claims Tribunal
cum, Bench V, City Civil Court, Calcutta in M.A.C.
Case No. 517 of 2017 be stayed till further orders
of the instant appeal .
In Re: CAN 2 of 2024
The learned advocate for the appellant/Insurance
Company submits to file a CAN application being CAN 2
of 2024, inter alia, stating that the respondent no. 2,
Priyanshu Modak being a minor was represented by his
mother and natural guardians Smt. Nivedita Modak who
has been residing with respondent no. 1.
Learned advocate for the appellant for Insurance
Company submits that the minority of the respondent
no. 2 had to be mentioned in the impugned judgment
and order. However, inadvertently the respondent no. 2
has been cited as a major in the cause title of the Memo
of Appeal.
The department is directed to amend the cause
title of the Memo of Appeal considering the minority of
the respondent no. 2.
Accordingly, CAN 2 of 2024 is thus disposed of.
Next date be fixed on 23rd December, 2024.
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.)
