The National Insurance Co. Ltd vs Tapan Singh & Anr
2024 Latest Caselaw 5190 Cal

Calcutta High Court (Appellete Side)

The National Insurance Co. Ltd vs Tapan Singh & Anr on 7 October, 2024

07.10.2024
 Ct. No.33
 Sl. No.27
  cm                            FMAT(MV) 557 of 2024
                                  CAN 1 of 2024
                                  CAN 2 of 2024

                         The National Insurance Co. Ltd.
                                      Vs.
                           Tapan Singh & Anr.

                         Ms. Gopa Das Mukherjee
                         ... for the appellant/insurance company


                                In RE: CAN 2 of 2024

                   The      learned       advocate         for   the

             appellant/insurance is present. None appeared for

             the respondents/claimants.

The application being CAN 2 of 2024 under

Section 5 of the limitation Act has been taken up for

hearing. From the record it reveals that there is a

delay of 2 days.

Considering the averments made in the CAN

application being 2 of 2024 and in view of the

beneficial legislative intent the delay of 2 days in

filing the instant case is condoned.

The application being CAN 2 of 2024 is

allowed.

The Department is directed to register the

appeal.

Call for the trial court records.

                                Re: CAN 1 of 2024





       The        learned       advocate         for         the

appellant/insurance      company        submits    to    have

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

challan No. 1765 dated 26th 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.5,40,000/- 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 21st June, 2024 passed by the

learned Motor Accident Claims Tribunal cum 3 rd

Court, Paschim Medinipur in M.A.C. Case No. 341 of

2017 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.)