Calcutta High Court (Appellete Side)
National Insurance Co. Ltd vs Monidipa Sarkar & Ors on 3 October, 2023
03.10.2023
Ct. 654
D/L 242
ab
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION
APPELLATE SIDE
FMA 1110 of 2022
With
CAN 1 of 2022
With
CAN 2 of 2023
National Insurance Co. Ltd.
-Vs-
Monidipa Sarkar & Ors.
Mr. Sanjay Paul,
Ms. Jaita Ghosh
... for the appellant-insurance company
Mr. Subrata Bhattacharyya,
Ms. Shipra Santra
... for the respondent nos. 1 to 3-claimants
Re: CAN 1 of 2022 (Stay)
This is an application for stay of operation of the
impugned judgment and award of the learned Tribunal.
By order dated 20th December, 2022, the interim
stay was granted in favour of the appellant-insurance
company on condition to deposit the entire awarded
sum together with interest.
Mr. Sanjay Paul, learned advocate for the
appellant-insurance company submits that in
compliance with the aforesaid order, the insurance
company has already deposited the entire awarded sum
together with interest. He submits for making the order
of stay absolute till the disposal of the appeal.
As per the office report dated 11th January, 2023,
it is found that a sum of Rs. 43,94,877/- has been
deposited vide OD Challan No. 3323 dated 4th January,
2023 with the registry of this Court in compliance with
the order of this Court dated 20th December, 2022.
Since the insurance company has complied the order of
this Court, the interim order of stay granted earlier on
20th December, 2022 is made absolute till the disposal
of the appeal.
The application for stay being CAN 1 of 2022
stands disposed of.
Re: CAN 2 of 2023 (withdrawal)
This is an application for withdrawal of certain
amount of the awarded sum deposited by the insurance
company.
Mr. Subrata Bhattacharyya, learned advocate for
the respondent nos. 1 to 3-claimants submits that due
to sudden demise of the victim, the claimants are faced
with economical hardship and as such, certain amount
of money be released in favour of the claimants for their
sustenance and livelihood.
Mr. Sanjay Paul, learned advocate for the
appellant-insurance company opposing such prayer,
submits that by way of the present appeal, the
insurance company apart from other grounds has
challenged the involvement of the alleged offending
vehicle. He submits that the application for withdrawal
be dismissed.
It is contended in the application that due to
sudden demise of the victim, the claimants are faced
with economical hardship and they require certain
amount of money for their livelihood. In view of the
grounds taken, I am of the opinion that the claimants
be permitted to withdraw an amount of Rs. 5,00,000/-
each.
Learned Registrar General, High Court, Calcutta
is directed to release Rs. 5,00,000/- each in favour of
the respondent nos. 1 to 3 (claimants) 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 further directed to reinvest the balance amount of the
awarded sum deposited in a short term auto-renewable
scheme of any nationalized bank until further orders.
The respondent no. 1 being the mother and
natural guardian of the minor respondent no. 2 shall
receive the share of the minor on his behalf and shall
keep the same in a Fixed Deposit Scheme of any
Nationalized Bank or Post Office till attainment of
majority by the said minor.
With the aforesaid observations, the application
being CAN 2 of 2023 stands disposed of.
Matter to go out of list with liberty to mention.
( Bivas Pattanayak, J.)
