Reliance General Insurance Co. ... vs Smt. Suchitra Bera (Wife) And ...
2023 Latest Caselaw 3724 Cal

08.06.2023
 Ct. 654
 D/L 85
  ab

                      IN THE HIGH COURT AT CALCUTTA
                       CIVIL APPELLATE JURISDICTION
                             APPELLATE SIDE

                                FMA 1061 of 2022
                                     With
                                 CAN 1 of 2022
                                     With
                                 CAN 2 of 2022

                      Reliance General Insurance Co. Ltd.
                                     -Vs-
                      Smt. Suchitra Bera (wife) and Others


             Mr. Sanjay Paul
                           ... for the appellant-Insurance Company

             Mr. Amit Ranjan Roy
                          ... for the respondent No. 1to 5-claimants

Mr. Debasis Sur, Mr. Angshuman Patra

The affidavit of service field on behalf of the

insurance company is taken on record.

Re: CAN 1 of 2022

This is an application for stay of operation of the

impugned judgment and award.

Mr. Sanjay Paul, learned advocate for the

appellant-insurance company submits that in

compliance with the order dated 3rd August, 2022, the

insurance company has already deposited the awarded

sum together with interest before the registry of this

Court and he seeks for making the order of stay

absolute till the disposal of the appeal.

Mr. Amit Ranjan Roy, learned advocate appears

for the claimants.

Mr. Debasis Sur, learned advocate appears for the

respondent No. 6, owner of the offending vehicle.

It is found from the office report dated 8th

September, 2022 that the insurance company has

deposited a sum of Rs. 20,26,993/- before the registry

of this Court vide OD Challan No. 1645 dated

26.08.2022. Since the insurance company has complied

with the order of this Court, hence the order of stay

dated 3rd August, 2022 is made absolute till the

disposal of the appeal.

Accordingly, the application being CAN 1 of 2022

stands disposed of.

Re: CAN 2 of 2022

This is an application for withdrawal of the

awarded sum.

Mr. Amit Ranjan Roy, learned advocate for the

claimants submits for expeditious disposal of the appeal

pending the present application.

Re: FMA 1061 of 2022

Mr. Sanjay Paul, learned advocate for the

appellant-insurance company files informal paper book

in Court today, which is taken on record.

Let the matter appear on 5th July, 2022 under the

heading "Hearing".

( Bivas Pattanayak, J.)