(Bajaj Allianz General Insurance ... vs Muhadhari Haldar & Ors.) on 11 July, 2017

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Calcutta High Court (Appellete Side)

(Bajaj Allianz General Insurance ... vs Muhadhari Haldar & Ors.) on 11 July, 2017

Bench: Dipankar Datta

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11.07.2017
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                                C.A.N. 4882 of 2017
                                        and
                               C.A.N. 4881 of 2017
                                        in
                               F.M.A.T. 444 of 2017
             (Bajaj Allianz General Insurance Company Limited Vs.
                           Muhadhari Haldar & Ors.)
                Mr. Rajesh Singh
                                       ......For the appellant/appellant

                                 Re: C.A.N. 4882 of 2017

                This is an application under Section 5 of the Limitation

             Act seeking condonation of 103 days in presentation of the

             appeal.

                Let service of copy of this application be effected on the

             respondents with an intimation that the application shall be

listed in the monthly list of August, 2017.

Re: C.A.N. 4881 of 2017 This is an application for stay in an appeal under Section 163A of the Motor Vehicles Act, 1988 presented by the insurance company. By the award under appeal, the Motor Accident Claims Tribunal-cum-Additional District & Sessions Judge, Raiganj, Uttar Dinajpur allowed M.A.C. Case No. 63 of 2014 and awarded compensation in a sum of Rs.3,93,500/- together with interest @ 6% per annum to be paid to the claimants by the insurance company. 2 We have heard Mr. Singh, learned advocate for the appellant/applicant in support of the application for stay. There shall be unconditional stay of operation of the impugned award till 28th July, 2017. Should be appellant/applicant, in the meanwhile, deposit the sum awarded by the learned Judge with interest with the Registrar General of this Court, less the statutory deposit already made, 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 29th July, 2017.

Upon deposit of the sum awarded by the learned Judge by the appellant/applicant, the registrar general shall ensure that the same is invested in a short-term auto- renewal fixed deposit account of a nationalized bank. Copy of the application for stay 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 August, 2017.

( Dipankar Datta, J. ) ( Debi Prosad Dey, J. ) 3

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Calcutta High Court (Appellete Side)