(National Insurance Co. Ltd vs Smt China on 23 November, 2017

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Calcutta High Court (Appellete Side)

(National Insurance Co. Ltd vs Smt China on 23 November, 2017

Bench: Dipankar Datta

                                 1


   79
23.11.2017
   rrc
                                C.A.N. 8919 of 2017
                                 (Condonation of Delay)
                                        with
                                C.A.N. 8920 of 2017
                                         (Stay)
                                          in
                                F.M.A.T. 1016 of 2017
                   (National Insurance Co. Ltd. Vs. Smt China
                                 Malik & Ors.)



                Ms. Sucharita Paul
                                      ......For the applicant/appellant



                C.A.N. 8919 of 2017 is an application under Section 5 of

             the   Limitation   Act   seeking     condonation   of   delay   in

             presentation of the appeal (FMAT 1016 of 2017) by the

             appellant/insurance company, while C.A.N. 8920 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.3,28,500/- to be paid to the claimants/respondent nos. 1

& 2 by the insurance company together with interest @ 8% per annum from the date of presentation of the claim application.

We have heard Ms. Paul, learned advocate for the appellant/applicant.

There shall be an unconditional stay of operation of the impugned award till 15th December, 2017. Should the 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 16th 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.)

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Calcutta High Court (Appellete Side)