New India Assurance Co. Ltd vs Sima Singh & Ors
2023 Latest Caselaw 381 Cal

                       IN THE HIGH COURT AT CALUTTA
                          Civil Appellate Jurisdiction
 13.01.2023
  SL No.4
Court No. 654
       Ali


                            F.M.A. 347 of 2022
                       New India Assurance Co. Ltd.
                                   Vs.
                            Sima Singh & Ors.

                 Mr. Parimal Kumar Pahari
                                ...for the appellant-Insurance Co.

                 Mr. J.K. Mandal
                               ......for the respondents-claimants.

This matter is appearing under the heading

"To Be Mentioned".

This appeal was finally disposed of on

10.1.2023.

Mr Parimal Kumar Pahari, learned advocate

for appellant-insurance company submits that the

insurance company has deposited the entire

awarded sum in terms of order dated 30.11.2021

amounting to Rs. 39,12,697/- vide OD challan no.

1226 dated 10.12.2021 which needs to be

incorporated and taken account of in the judgment

dated 10.1.2023. He submits for appropriate order.

Mr Jayanta Kumar Mandal, learned

advocate appears for respondents-claimants.

It is found from the photocopy of challan

being no.1226 dated 10.12.2021(original produced

at the time of hearing) that in terms of order dated

30.11.2021 the insurance company has deposited

an amount of Rs.39,12,697/- with the Registry of

this court. Further it has also made deposit of

statutory amount of Rs. 25,000/- vide OD challan

no.786 dated 7.10.2021. Accordingly, both the

aforesaid deposits along with accrued interest be

adjusted against the entire awarded sum and the

interest thereon.

The appellant- Insurance Company is

directed to deposit the balance amount, if any, and

the interest as indicated above by way of cheque

with the learned Registrar General, High Court,

Calcutta within the period stipulated in the

judgment. Learned Registrar General, High Court,

Calcutta shall release the compensation amount in

favour of claimants as directed in judgment dated

10.01.2023 upon deposit of the balance amount, if

any, as above.

The directions passed in the judgment dated

10.1.2023 is modified to the aforesaid extent.

This order shall form part of judgment dated

10.1.2023.

Urgent photostat certified copy if applied for

be given to the parties upon compliance of all legal

formalities.

(Bivas Pattanayak, J.)