Hdfc Ergo General Insurance Co. ... vs Dhruba Kumar Mondal & Ors
2023 Latest Caselaw 3824 Cal

12.06.2023
(as)
Ct.No.654
79
                                 FMA 758 of 2022
                                       with
                       CAN 1 of 2020(Old CAN 2116 of 2020)
                                       with
                                  CAN 2 of 2021

                       HDFC ERGO General Insurance Co. Ltd.
                                    -vs-
                           Dhruba Kumar Mondal & Ors.


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



                  Affidavit of service filed in Court on behalf of the

             appellant-Insurance Company is taken on record.


                 In Re: CAN 1 of 2020 (Old CAN 2116 of 2020).


                  This is an application for stay of operation of the

             impugned judgment and award.

                  Mr.    Rajesh   Singh,   learned    Advocate    for    the

             appellants-Insurance     Company        submits     that     in

             compliance with the order of this Court dated 13th March,

             2023, the Insurance Company has already deposited the

             entire awarded sum together with interest and he submits

             for making the order of stay absolute till the disposal of

             the appeal. He files photocopy of chalan which is taken on

             record.
                                2




     None appears on behalf of the respondent Nos.1 and

3. As per endorsement on the envelop, it is found that the

respondent No.2 Maya Mondal has expired.

Mr. Singh seeks liberty to take appropriate steps in

this regard.

By order dated 13th March, 2023, stay was granted

on condition to deposit the entire awarded sum together

with interest. The photocopy of chalan being No.4300

dated 28.03.2023 shows deposit of an amount of

Rs6,82,670/- with the registry of this Court. Hence, the

order of stay dated 13th March, 2023 is made absolute till

the disposal of the appeal.

The application being CAN 1 of 2020 (Old CAN 2116

of 2020) stands disposed of.

Appellant-Insurance Company is directed to take

steps with regard to deceased respondent no.2.

Matter to go out of list with liberty to mention.

(Bivas Pattanayak, J.)