National Insurance Company Ltd vs Minara Bibi & Ors

06.10.2023                  IN THE HIGH COURT AT CALCUTTA
 Ct. no.654                  CIVIL APPELLATE JURISDICTION
 Sl. No.248                                APPELLATE SIDE
     KB                                    ,,




                                      F.M.A. 935 of 2022
                                           with
                                      IA No. CAN 1 of 2022
                                           with
                                      IA No. CAN 2 of 2023

                               National Insurance Company Ltd.
                                             Vs.
                                      Minara Bibi & Ors.
              ,,




                     Mrs. Sucharita Paul
                              ... for the appellant-Insurance Company.

                     Mr. Saswata Bhattacharyya
                             ... for the respondents-claimants.

In Re: CAN 1 of 2022 This is an application for stay of operation of impugned judgment and award.

By order dated 12th July, 2022 the interim stay was granted on condition to deposit the entire awarded sum together with interest.

Mrs. Sucharita Paul, learned advocate for appellant-insurance company submits that in compliance to the order of this Court the insurance company has already deposited the entire awarded sum together with interest before the registry of this Court. She submits for making the order of interim stay absolute till the disposal of the appeal.

Mr. Saswata Bhattacharyya, learned advocate appearing for respondent nos.1 to 7 leaves the matter to the direction of the Court.

As per office report dated 17th August, 2022, it is found that the insurance company has deposited a sum of Rs.20,11,312/- before the registry of this Court vide OD Challan no. 1393 dated 29th July, 2022 in terms of order of this Court. Since the insurance company has complied the order of this Court, the interim order of stay granted earlier on 12th July, 2022 is made absolute till the disposal of the appeal.

IA No. CAN 1 of 2022 stands thus disposed of.

In Re: CAN 2 of 2023 This is an application for withdrawal of 60% of the awarded amount deposited by appellant-insurance company.

Mr. Saswata Bhattacharyya, learned advocate for respondents-claimants submits that due to sudden demise of the victim the claimants are facing financial hardship. The claimants have prayed for withdrawal of 60% of the awarded amount deposited by the insurance company.

Mrs. Sucharita Paul, learned advocate for appellant-insurance company opposes such prayer.

It is contended in the application that the victim was the sole earning member of the family and upon 3 demise of the victim the claimants are facing economical hardship. In view of the ground taken, the claimants are permitted to withdraw Rs.1,00,000/- each.

Registrar General, High Court, Appellate Side, Calcutta shall release Rs.1,00,000/- each in favoaur of Respondent Nos. 1 to 7 (Claimants) upon usual undertaking and on satisfaction of their identity and also upon undertaking that the respondents-claimants shall refund the withdrawn amount together with accrued interest in the event the award of the learned Tribunal is set aside in appeal.

Respondent no.1-mother and natural guardian of minor respondent nos. 2 to 5 shall receive the share of the minors and keep the same in a fixed deposit scheme of any nationalised bank or post office until attainment of majority of the said minors.

With the aforesaid observation, CAN 2 of 2023 stands disposed of.

Let the matter appear three weeks after the ensuring Puja Vacation under the heading 'Hearing'.

             <                       (Bivas Pattanayak, J.)