Hdfc Agro General Insurance ... vs Susma Saha & Ors
2023 Latest Caselaw 3071 Cal

01.05.2023                   IN THE HIGH COURT AT CALCUTTA
 Ct. no.654                   CIVIL APPELLATE JURISDICTION
 Sl. Nos.668                             APPELLATE SIDE
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                                      F.M.A.220 of 2023
                                       (CAN 1 of 2023)
               ,




                                HDFC Agro General Insurance Co.Ltd.
                                            Vs.
                                    Susma Saha & Ors.
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                       Mr. Rajesh Singh
                                    ... for the appellant-Insurance Co.
                       Mr. Jayanta Kumar Mondal
                              ..for the respondents-claimants

Mr. Jayanta Kumar Mondal, learned advocate for

the respondents-claimants submits that the claimants

have filed a cross objection being COT 3 of 2023, which

needs to be listed along with the appeal.

The department concerned is directed to list the

COT 3 of 2023 along with the appeal.

The department concerned is also directed to place

COT 3 of 2023 in the case file since the same is

unavailable along with the report of delay, if any, in filing

the cross objection.

Let the matter appear one week on reopening of the

Court after summer vacation under the heading

"Hearing".

In Re: CAN 1 of 2023

This is an application for stay of operation of the

impugned judgment and award dated 6th December, 2022

passed by the learned Tribunal in MAC case no.412 of

2020 under Section 166 of the Motor Vehicles Act, 1988.

By order dated 24.03.2023, the appellant-

insurance company was directed to deposit the entire

awarded sum together with interest less statutory

deposits within a period of four weeks.

Mr. Rajesh Singh, learned advocate for the

appellant-insurance company submits that the deposit

has been made in terms of the order dated 24.03.2023

and he prays for making the order of stay absolute till the

disposal of the appeal.

Mr. Jayanta Kumar Mondal, learned advocate

appears on behalf of the respondents-claimants.

It appears from the office report that an amount of

Rs. 87,87,130/- has been deposited in connection with

the present appeal. Since the insurance company had

complied with the order of this order, the order of stay

granted on 24.03.2023 is made absolute till the disposal

of the appeal.

The application being CAN 1 of 2023 stands

disposed of.

               <                      (Bivas Pattanayak, J.)