Hdfc Ergo General Insurance Co. ... vs Parubala Giri & Anr
2022 Latest Caselaw 7274 Cal

                            IN THE HIGH COURT AT CALUTTA
                               Civil Appellate Jurisdiction
 31.10.2022
  SL No. 17
Court No. 654
     Ali


                              F.M.A. 980 of 2021

                        IA No.: CAN/2/2020, CAN/3/2022
                              HDFC ERGO General Insurance Co. Ltd.
                                      Vs
                               Parubala Giri & Anr.
                    Mr. Rajesh Singh
                                   ........for the appellant.
                    Mr. Rabindranath Mahato
                    Mr. Aritra Shankar Ray
                                  ...for the respondents

CAN 3 of 2022 This is an application for withdrawal of the awarded money deposited by the appellant before the learned Registrar General, High Court at Calcutta. Mr. Rabindranath Mahato, learned advocate for the respondent-claimant submits that the claimant is helpless widow who was fully dependent on her deceased son and, therefore, the amount deposited by the Insurance Company in terms of order of this court may be directed to be withdrawn by the respondent- claimant.

Mr. Rajesh Singh, learned advocate for the appellant-Insurance Company submits that in terms of order dated 02.09.2022 the appellant-Insurance Company has already deposited the entire awarded sum alongwith interest. He files photo copy of the Chalan being No. 1867 dated 15.09.2022. In view of the grounds taken by the respondent-claimant that she is widow and was dependent on her deceased son and also keeping in mind the beneficial legislation I am inclined to allow the prayer of the respondent-claimant for withdrawal to the extent of Rs.4,00,000/-.

The learned Registrar General, High Court, Calcutta is directed to release Rs. 4,00,000/- in favour of the respondent-claimant upon satisfaction of identity and upon usual undertaking.

The aforesaid withdrawal by the respondent- claimant shall be subjected to result of this appeal.

The application being CAN 3 of 2022 accordingly, stands disposed of.

FMA 980 of 2021 Mr. Rajesh Singh, learned advocate for the appellant-Insurance Company submits that the tribunal has disposed of the case exparte against the respondent No. 2 (owner) and as such the service of notice upon the respondent No. 2 be dispensed with. It appears from the impugned judgment that the respondent No. 2 (opposite party No. 1-owner of the Motor Cycle) did not contest the claim application and the case was disposed of exparte against him.

In view of the above, the service of notice upon respondent No. 2 (owner) is dispensed with.

Let the Lower Court Records be called for. Department is directed to take effective steps for bringing the Lower Court Records.

Upon receipt of the Lower Court Records Department shall examine the same and shall serve notice of arrival upon the learned advocate for the appellant as well as respondents within seven days.

Upon such receipt of such notice learned advocate for the appellant shall prepare three sets of informal paper books printed, typewritten or cyclostyled incorporating all relevant documents including oral and documentary evidence within a month from date of service of notice. One set of such informal paper book be served upon learned advocate for the

respondent-claimant and another set be filed in court.

Liberty to mention.

(Bivas Pattanayak J.)