Calcutta High Court (Appellete Side)
(The Oriental Insurance Co. Ltd vs Hamida Bibi & Anr.) on 7 December, 2017
Author: Dipankar Datta
Bench: Dipankar Datta
1
440/CL
07.12.2017
rrc
C.A.N. 5863 of 2016
(Condonation of Delay)
with
C.A.N. 1422 of 2016
(Stay)
in
F.M.A.T. 53 of 2016
(The Oriental Insurance Co. Ltd. Vs. Hamida Bibi & Anr.)
Mr. Kamal Krishna Das
......For the applicant/appellant
C.A.N. 5863 of 2016 is an application under Section 5 of
the Limitation Act, seeking condonation of delay in
presentation of the appeal (FMAT 53 of 2016) by the
appellant/insurance company. C.A.N. 1422 of 2016 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.4,00,000/- to be paid to the claimant/respondent no. 1
by the insurance company together with interest @ 9% per annum from the date of presentation of the application. We have heard Mr. Das, learned advocate for the appellant/applicant in support of the applications. There shall be an unconditional stay of operation of the impugned award till 5th January, 2018. Should the 2 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 6th January, 2018.
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 February, 2018.
( Dipankar Datta, J. ) ( Amitabha Chatterjee, J.)