Calcutta High Court (Appellete Side)
(National Insurance Company Limited vs Purnima on 16 November, 2017
Author: Dipankar Datta
Bench: Dipankar Datta
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40
16.11.2017
rrc
C.A.N. 5038 of 2017
(Condonation of Delay)
with
C.A.N. 5097 of 2017
(Stay)
in
F.M.A.T. 84 of 2017
(National Insurance Company Limited Vs. Purnima
Singh @ Purnima Singha & Ors.)
Mr. Saibalendu Bhowmik
......For the applicant/appellant
C.A.N. 5038 of 2017 is an application under Section 5 of
the Limitation Act, seeking condonation of delay in
presentation of the appeal (FMAT 84 of 2017) by the
appellant/insurance company. C.A.N. 5097 of 2017 is an
application for stay in such appeal.
By the impugned award, the relevant motor accident
claims tribunal allowed an application under Section 163A
of the Motor Vehicles Act and awarded compensation of
Rs.3,69,500/- to be paid to the claimant by the insurance
company together with interest @ 6% per annum from the
date of presentation of the application.
We have heard Mr. Bhowmik, learned advocate for the
appellant/applicant in support of the applications.
There shall be an unconditional stay of operation of the
impugned award till 7th December, 2017. Should the
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appellant/applicant in the meanwhile deposit the sum
awarded by the tribunal plus interest with the Registrar
General of this Court, the ad-interim order of stay shall
continue till disposal of this application.
In case of default of payment as directed above, the ad-
interim order of stay shall stand lapsed with effect from 8th
December, 2017.
Upon deposit of the sum awarded by the tribunal by the
appellant/applicant, the Registrar General shall ensure that
the said sum is invested in a short-term auto-renewable
fixed deposit account of a nationalized bank, until further
orders of this Court.
Copies of the applications shall be served on the
respondents within two weeks from date with an intimation
that the same shall be listed once again in the monthly list of January, 2018.
( Dipankar Datta, J. ) ( Protik Prakash Banerjee, J.)