The New India Assurance Co. Ltd vs Smt. Sandhya Rani Nayek & Ors 2021 Latest Caselaw 1089 Cal

Calcutta High Court (Appellete Side) The New India Assurance Co. Ltd vs Smt. Sandhya Rani Nayek & Ors on 8 February, 2021 08.02.2021 (S/L-30) Ct.-18 (Susanta) (Via Video Conference) F.M.A.T 228 of 2020 With IA No. CAN 1 of 2021 The New India Assurance Co. Ltd. -Vs- Smt. Sandhya Rani Nayek & Ors. Mr. Parimal Pahari, ...... For the appellant. Re: IA No. CAN 1 of 2021 The present Miscellaneous Appeal is at the instance of the Insurance Company and is directed against judgment and award dated December 3, 2019 passed by the Motor Accident Claims Tribunal and Additional District & Sessions Judge, Fast Track 4th Court at Alipore, South 24-Parganas in M.A.C Case no. 20 of 2017. This is an application by the appellant praying for stay of operation of the award till the disposal of the appeal. The appellant is directed to serve a copy of the application upon the claimants/respondents by speed post with acknowledgement due intimating that the matter will come up in the Supplementary List on March 15, 2021 under the heading application. 2 The appellant to file affidavit of service on the returnable date. There shall be an unconditional stay of operation of the award under appeal till three weeks from date. The appellant is required to deposit the entire awarded amount with interest thereon less the statutory deposit already made in terms of Section 173(1) of the Motors Vehicles Act, 1988 with the learned Registrar General of this High Court within three weeks from date. The learned Registrar General shall ensure that the same be invested in any Short Term Auto Renewal Fixed Deposit of any nationalized banks until further order. If the deposit as directed above is made within the aforesaid period, the stay granted by this order shall continue till the disposal of the application, in default the said order of stay shall stand automatically vacated without any further reference to the Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Biswajit Basu, J.)