(S.R.) The Oriental Insurance Co. Ltd vs Mirja Raja Hossain & Anr
2024 Latest Caselaw 4823 Cal

Calcutta High Court (Appellete Side)

(S.R.) The Oriental Insurance Co. Ltd vs Mirja Raja Hossain & Anr on 18 September, 2024

                            FMAT (MV) 276 of 2024
N.22Sl                              with
151/CL                         CAN 1 of 2024
  18.09.24                          and
   Sl-33                       CAN 2 of 2024
   Ct.33
   (S.R.)               The Oriental Insurance Co. Ltd.
                                       v.
                          Mirja Raja Hossain & Anr.


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

                  Mr. Krishanu Banik
                        ... for the respondents/claimants.

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 76 days.

Considering the averments made in

paragraphs 4 and 5 of the CAN application being

2 of 2024 and in view of the beneficial legislative

intent the delay of 76 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. 681 dated 12 th June, 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.28,63,134/- along with interest to be

calculated @ 9 % 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 time

period after the vacation 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 7th October, 2024.

The interim stay of the impugned judgment

and order dated 20th March, 2024 passed by the

learned Judge, Motor Accident Claims Tribunal,

2nd Court, Suri Birbhum in M.A.C. Case No.150 of

2017 be stayed till further orders of the instant

appeal.

The paper book has been filed. The appeal

is ready for hearing.

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.)