Calcutta High Court (Appellete Side)
The New India Assurance Company ... vs Smt. Madhuri Banerjee & Ors on 3 October, 2023
03.10.2023 IN THE HIGH COURT AT CALCUTTA
Ct. no.654 CIVIL APPELLATE JURISDICTION
Sl. Nos. 240-241 APPELLATE SIDE
KB ,,
F.M.A. 1041 of 2021
with
IA No. CAN 1 of 2018
(Old No. CAN 9949 of 2018)
with
IA No. CAN 2 of 2022
with
,
IA No. CAN 3 of 2023
The New India Assurance Company Ltd.
Vs.
Smt. Madhuri Banerjee & Ors.
with
COT 17 of 2021
Smt. Madhuri Banerjee & Ors.
Vs.
The New India Assurance Company Ltd.& Anr.
Mr. Rajesh Singh
...for the appellant- Insurance Co.
,,
Mr. Krishanu Banik
Mr. Apurba Ghosh
Mr. Tathagata Banik
... for the respondent nos.1 to 3-
claimants.
In Re.: CAN 1 of 2018
(Old No. CAN 9949 of 2018)
This is an application for stay of operation of the
impugned judgment and award.
By order dated 21st November, 2022, interim stay
was granted on condition to deposit the entire awarded
sum together with interest.
Mr. Rajesh Singh, learned advocate for appellant-
insurance company submits that in compliance to order
of this Court, the insurance company has already
deposited the entire awarded sum together with interest.
He submits for making the interim order of stay absolute
till the disposal of the appeal.
The office report dated 12th December, 2022 shows
deposit of Rs.1,09,09,466/- before the registry of this
Court vide OD Challan No. 2777 dated 08.12.2022 in
terms of order of this Court. Since the insurance
company has complied the order of this Court, the
interim order of stay granted earlier on 21st November,
2022 is made absolute till the disposal of the appeal.
The application being CAN 1 of 2018 (Old No. CAN
9949 of 2018) stands disposed of.
In Re.: CAN 3 of 2023
This is an application for expunging the name of
the respondent no.2-Sudeep Banerjee from the array of
parties in the cause title.
Mr. Krishanu Banik, learned advocate for
respondents-claimants submits that during the pendency
of the appeal, the respondent no.2-Sudeep Banerjee has
expired on 11th June, 2022. He submits for expunging the
name of the said respondent no.2 from the array of
parties in the cause title.
Mr. Rajesh Singh, learned advocate for appellant-
insurance company leaves the matter to the discretion of
the Court.
It is found from the Death Certificate annexed to
the application that the respondent no.2-Sudeep Banerjee
died on 11th June, 2022.
Accordingly, let the name of respondent no.2-
Sudeep Banerjee be expunged from the cause title of
Memorandum of Appeal as well as from the Cross
Objection.
Department concerned is directed to make
necessary correction in the Memorandum of Appeal and
the Cross Objection as aforesaid.
Accordingly, CAN 3 of 2023 stands disposed of.
In Re.: CAN 2 of 2022
This is an application for withdrawal of certain
amount of the awarded sum deposited by the insurance
company.
Mr. Krishanu Banik, learned advocate for
respondents-claimants submits that due to sudden
demise of the victim the claimants are passing their days
in great economic hardship for which reason certain
amount of money be released in favour of the claimants.
Mr. Rajesh Singh, learned advocate for the
appellant-insurance company opposes such prayer.
It is contended in the application that the claimants
are facing financial hardship due to sudden demise of the
victim. In view of the above, the respondent nos.1 and 3
(claimants) are permitted to withdraw an amount of
Rs.15,00,000/- each.
Learned Registrar General, High Court, Calcutta
shall release an amount of Rs.15,00,000/- each in favour
of respondent nos.1 and 3 upon usual undertaking and
on satisfaction of their identity and also upon
undertaking that they shall refund the aforesaid amount
withdrawn together with accrued interest in the event the
award passed by the learned Tribunal is set aside in
appeal.
Learned Registrar General, High Court, Calcutta is
directed to re-invest the balance amount in a short term
auto renewable scheme of any nationalised bank until
further orders.
With the aforesaid observation, CAN 2 of 2022
stands disposed of.
Matter to go out of list.
Liberty to mention.
(Bivas Pattanayak, J.)
