National Insurance Co. Ltd vs Swapan Chanda & Ors
2024 Latest Caselaw 5186 Cal

Calcutta High Court (Appellete Side)

National Insurance Co. Ltd vs Swapan Chanda & Ors on 7 October, 2024

07.10.2024
 Ct. No.33
 Sl. No.28
  cm                               FMAT(MV) 564 of 2024
                                     CAN 1 of 2024

                              National Insurance Co. Ltd.
                                         Vs.
                             Swapan Chanda & Ors.

                           Mr. Rajesh Singh
                           ... for the appellant/insurance company



                                  In RE: CAN 1 of 2024

                    The learned advocates for the appellant/insurance

             as well as respondents/claimants are present.

Perused the report filed by the Stamp Reporter

dated 27.09.2024. 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. 1828 dated 1 st

October, 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.1,04,98,344/- 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 20th December, 2024.

The interim stay of the impugned judgment and

order dated 29th July, 2024 passed by the learned Judge,

Motor Accident Claim Tribunal cum Bench No. IX, City

Civil Court at Calcutta in M.A.C. Case No. 382 of 2015 be

stayed till further orders of the instant appeal.

The learned advocate for the appellant/insurance

company is to serve notice upon the

respondents/claimants intimating 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.)