(S.R.) The New India Assurance Co. Ltd vs Madhabi Sardar & Ors
2024 Latest Caselaw 4575 Cal

Calcutta High Court (Appellete Side)

(S.R.) The New India Assurance Co. Ltd vs Madhabi Sardar & Ors on 5 September, 2024

                            FMAT (MV) 431 of 2024
N.22Sl                              with
151/CL                         CAN 1 of 2024
  05.09.24                          and
   Sl-40                       CAN 2 of 2024
   Ct.33
   (S.R.)               The New India Assurance Co. Ltd.
                                       v.
                             Madhabi Sardar & Ors.


                  Mr. Rajesh Singh
                       ... 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 445 days.

Considering the averments made in

paragraphs 6, 7, 8 and 9 of the CAN application

being 2 of 2024 and in view of the beneficial

legislative intent the delay of 445 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 lower 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. 1297 dated 6 th August, 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.10,40,500/- 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 29th November, 2024.

The interim stay of the impugned judgment

and order dated 28th February, 2023 passed by

the learned Judge, Motor Accident Claims

Tribunal & Additional District and Sessions

Judge, Fast Track Court-V, Alipore, South 24-

Parganas in M.A.C. Case No. 10 of 2010 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.)