(S.R.) National Insurance Company Ltd vs Shri Sashikant Gupta & Anr
2024 Latest Caselaw 4521 Cal

Calcutta High Court (Appellete Side)

(S.R.) National Insurance Company Ltd vs Shri Sashikant Gupta & Anr on 4 September, 2024

                            FMAT (MV) 464 of 2024
N.22Sl                              with
151/CL                         CAN 1 of 2024
  04.09.24                          and
   Sl-47                       CAN 2 of 2024
   Ct.33
   (S.R.)               National Insurance Company Ltd.
                                       v.
                          Shri Sashikant Gupta & Anr.


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

                            In re: CAN 1 of 2024

                  The      learned      advocate      for       the

             appellant/insurance is present. None appeared

             for the respondents/claimants.

The application being CAN 1 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 1003 days.

Considering the averments made in

paragraph 8 of the CAN application being 1 of

2024 and in view of the beneficial legislative

intent the delay of 1003 days in filing the instant

case is condoned.

The application being CAN 1 of 2024 is

allowed.

The Department is directed to register the

appeal.

Call for the lower court records.

                Re: CAN 2 of 2024

     The       learned      advocate       for       the

appellant/insurance company submits to have

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

vide challan No. 1391 dated 19th August, 2024.

Let the said challan be kept on record.

The learned advocate for the appellant has

filed CAN 2 of 2024 with a prayer to deposit a

sum of Rs.2,09,470/- 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 six weeks 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 4th December, 2024.

The interim stay of the impugned judgment

and order dated 14th January, 2019 passed by

the learned Judge, Motor Accident Claims

Tribunal 7th Court, Barasat, North 24-Parganas in

M.A.C. Case No. 76 of 2014 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 appeal and notice upon the

respondents/claimants 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.)