Calcutta High Court (Appellete Side)
Bajaj Allianz General Insurance ... vs Suman Bhawal And Anr on 16 November, 2017
Author: Dipankar Datta
Bench: Dipankar Datta
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16.11.2017
KC(106)
CAN 9472 of 2017
With
CAN 9473 of 2017
In
F.M.A.T. 837 of 2017
Bajaj Allianz General Insurance Company Limited
-versus-
Suman Bhawal and Anr.
Mr. Rajesh Singh......................For the appellant/
applicant.
CAN 9473 of 2017 is an application under Section 5 of the Limitation Act,
seeking condonation of delay in presentation of the appeal (F.M.A.T. 837 of
2017), while CAN 9472 of 2017 is an application for stay in such appeal
presented by the appellant/insurance company.
By the impugned award, the relevant motor accident claims tribunal
allowed an application under Section 163A of the Motor Vehicles Act and
awarded compensation in a sum of Rs. 2,00,000/-to be paid to the claimant by
the insurance company within 30 days from the date of receipt of the order,
failing which, to pay interest 12% per annum on the awarded amount from the
date of the order till realisation.
We have heard Mr. Singh, 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 appellant/applicant, in the meanwhile
deposit the sum awarded by the tribunal plus interest with the Registrar General
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of this Court, the ad-interim order of stay shall continue till disposal of this
application.
In case of default in 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 learned tribunal by the
appellant/applicant, the Registrar General shall ensure that the same is invested
in a short-term auto-renewable fixed deposit account of a nationalised bank,
until further orders of this Court.
Copies of the applications shall be served on the claimant/respondent
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.) 3