Calcutta High Court (Appellete Side)
(Icici Lombard Gen. Ins. Co. Ltd vs Sri Rambabu Singh & Ors.) on 18 July, 2017
Author: Dipankar Datta
Bench: Dipankar Datta
1
17
18.07.2017
sb
C.A.N. 5418 of 2017
in
F.M.A.T. 598 of 2017
(ICICI Lombard Gen. Ins. Co. Ltd. Vs. Sri Rambabu Singh & Ors.)
Mr. Parimal Kumar Pahari
......For the appellant/applicant
Re: C.A.N. 5418 of 2017
This is an application for stay in an appeal under Section
166 of the Motor Vehicles Act, 1988 presented by the
insurance company. By the award under appeal, the Motor
Accident Claims Tribunal, Additional District Judge, 1st
Court, Bankura, allowed M.A.C. Case No. 24 of 2008 and
awarded compensation in a sum of Rs.2,50,000/- together
with interest @ 6% per annum to be paid to the claimants by
the insurance company.
We have heard Mr. Pahari, 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 1st August, 2017. Should the
appellant/applicant, in the meanwhile, deposit the sum
awarded by the learned Judge together with interest with the
Registrar General of this Court, less the statutory deposit
2
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 2nd
August, 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. )