Oriental Insurance Co.Ltd vs Ashok Kr. Rai & Ors
2022 Latest Caselaw 8090 Cal

    06.12.2022
    SL No. 21
    Ct No. 654
      Sk


                        F.M.A.T.(MV)55 of 2022
                           CAN 2 of 2022

                       Oriental Insurance Co.Ltd.
.                                   vs
                           Ashok Kr. Rai & Ors.

                  Mr. Rajesh Singh
                       ...for the appellant-Insurance Co.

                  Mr. Ashique Mandol
                       ...for the respondents.

Re: CAN 2 of 2022

This is an application for withdrawal of

compensation amount filed by the respondents-

claimants.

Mr. Ashique Mandal, learned advocate for

respondents-claimants submits that in spite of grant

of compensation the respondents-claimants have

not received any amount and they are passing their

days in financial adversity. Accordingly he submits

for disbursement of at least 50% of the deposited

amount.

Mr. Rajesh Singh, learned advocate

vehemently opposes such prayer of the respondents-

claimants.

It appears that the award has been passed

in favour of the claimants on 21.11.2021. The

insurance company approached this court for stay

of operation of the impugned judgment and award,

which was allowed on condition to deposit the entire

amount of compensation and accordingly such

amount, has been deposited with the Registry of this

court. It is pertinent to note that appeal is noted to

be defective as certified copy of the impugned

judgment is yet to be furnished. Mr. Singh, learned

advocate for insurance company undertakes to

submit the certified copy of impugned judgment as

soon as the same is made available.

Considering the entire circumstances I am

inclined to allow the prayer of the respondents-

claimants for withdrawal of compensation to the

extent as follows.

Respondent nos. 1 to 4 (claimants) are

granted liberty to withdraw Rs. 3,50,000/- each of

the deposited sum upon undertaking that they shall

refund the amount along with interest in the event

the insurance company succeeds in the appeal.

Learned Registrar General, High Court,

Calcutta upon such undertaking shall disburse the

aforesaid amount to the respondents nos. 1 to 4

(claimants) upon satisfaction of their identity.

The balance amount shall be re-invested in

the fixed deposit scheme of any nationalized Bank

until further orders.

The aforesaid withdrawal shall be subject to

result of this appeal.

With the above observation the application

being CAN 2 of 2022 stands allowed and disposed

of.

Let the matter appear one week after the

Winter Vacation.

(Bivas Pattanayak, J.)