National Insurance Co. Ltd vs Purnamoyee Ray & Ors
2024 Latest Caselaw 4538 Cal

Calcutta High Court (Appellete Side)

National Insurance Co. Ltd vs Purnamoyee Ray & Ors on 4 September, 2024

04.09.2024
 Ct. No.33
 Sl. No.45
  cm                             FMAT(MV) 355 of 2024
                                   CAN 1 of 2024
                                   CAN 2 of 2024

                           National Insurance Co. Ltd.
                                       Vs.
                             Purnamoyee Ray & Ors.

                         Mr. Saibalendu Bhowmik
                         Ms. Srilekha Chattopadhyay
                         ... 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 28 days.

Considering the averments made in

Paragraph 4 to 8 of the CAN application being 1 of

2024 and in view of the beneficial legislative intent

the delay of 28 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. 958 dated 28th June, 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.5,32,700/- 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 25th November, 2024.

The interim stay of the impugned judgment

and order dated 28th February, 2023 passed by the

learned Motor Accident Claims Tribunal cum

Additional District Judge, 7th Court, Paschim

Medinipur in M.A.C. Case No. 91 of 2012 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.)