Calcutta High Court (Appellete Side)
Shriram General Insurance Co. Ltd vs Kanika Mal & Ors on 10 April, 2023
10.04.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. Nos.478
ss ,,
F.M.A.T. 467 of 2019
CAN 1 of 2019 (old No. CAN 4602 of 2019)
CAN 2 of 2019 (old No. CAN 4603 of 2019)
,
Shriram General Insurance Co. Ltd.
Vs.
Kanika Mal & ors.
,,
Mr. Rajesh Singh
... for the appellant-Insurance Co.
Re : CAN 1 of 2019 (old No. CAN 4602 of 2019)
This is an application for condonation of delay in
preferring the instant appeal.
Mr. Rajesh Singh, learned Advocate for the
appellant-Insurance Company submits that for taking
necessary legal steps there has been delay of 207 days in
preferring the appeal.
The appellant-Insurance Company is directed to
serve copy of this application upon the respondents and
file affidavit of service on the returnable date.
Re : CAN 2 of 2019 (old No. CAN 4603 of 2019) This is an application for stay of operation of the impugned judgment and award dated 29th June, 2018 passed by the learned Additional District Judge-cum Judge, Motor Accident Claims Tribunal, Fast Track 2nd Court, Tamluk, Purba Medinipur in M.A.C. Case No.41 of 2013 under Section 166 of the Motor Vehicles Act, 1988. 2 By such order dated 29th June, 2018, the learned Tribunal granted compensation in favour of the claimants to the tune of Rs.7,21,028/- together with interest under Section 166 of the Motor Vehicles Act.
Mr. Rajesh Singh, learned Advocate for the appellant-Insurance Company submits that the Insurance Company has already deposited the statutory amount of Rs.25,000/- with the learned Registrar General of this Court and is ready and willing to deposit the entire awarded sum together with interest less statutory deposit within such time as would be directed by this Court. On such count, he prays for stay of operation of the impugned judgement and award.
The report of the Computer Section, Appellate Side, High Court, Calcutta dated 24th April, 2019 shows that no caveat has been lodged.
The office report dated 24th September, 2019 shows the deposit of statutory amount of Rs.25,000/- in terms of Section 173 of the Motor Vehicles Act with the Registry of this Court vide OD Challan No.371 dated 10.06.2019.
In view of readiness and willingness on the part of the appellant-Insurance Company to deposit the entire awarded sum together with interest less statutory amount, there shall be stay of operation of the impugned judgment and award passed by the learned Tribunal for a period of four weeks. The appellant-Insurance Company is directed 3 to deposit the entire awarded sum together with interest less statutory amount before the learned Registrar General, High Court, Calcutta within a period of four weeks from date.
In the event the appellant-Insurance Company makes deposit of the aforesaid amount, the order of stay shall continue till the disposal of this application. In default to make deposit of the aforesaid amount, the order of stay shall stand automatically vacated without reference to this Court.
Learned Registrar General of this Court shall ensure that the amount to be deposited by the appellant- Insurance Company be invested in a short-term auto renewable scheme of any nationalised bank, until further orders.
The appellant-Insurance Company is directed to serve copy of this application upon the respondents and file affidavit of service on the returnable date.
Let the matter appear on 12th May, 2023 under the heading 'Application'.
< (Bivas Pattanayak, J.)