National Insurance Company Ltd vs Minara Bibi & Ors
2023 Latest Caselaw 6830 Cal

06.10.2023                  IN THE HIGH COURT AT CALCUTTA
 Ct. no.654                  CIVIL APPELLATE JURISDICTION
 Sl. No.248                                APPELLATE SIDE
     KB                                    ,,




                                      F.M.A. 935 of 2022
                                           with
                                      IA No. CAN 1 of 2022
                                           with
                                      IA No. CAN 2 of 2023

                               National Insurance Company Ltd.
                                             Vs.
                                      Minara Bibi & Ors.
              ,,




                     Mrs. Sucharita Paul
                              ... for the appellant-Insurance Company.

                     Mr. Saswata Bhattacharyya
                             ... for the respondents-claimants.

In Re: CAN 1 of 2022

This is an application for stay of operation of

impugned judgment and award.

By order dated 12th July, 2022 the interim stay

was granted on condition to deposit the entire awarded

sum together with interest.

Mrs. Sucharita Paul, learned advocate for

appellant-insurance company submits that in compliance

to the order of this Court the insurance company has

already deposited the entire awarded sum together with

interest before the registry of this Court. She submits for

making the order of interim stay absolute till the disposal

of the appeal.

Mr. Saswata Bhattacharyya, learned advocate

appearing for respondent nos.1 to 7 leaves the matter to

the direction of the Court.

As per office report dated 17th August, 2022, it is

found that the insurance company has deposited a sum

of Rs.20,11,312/- before the registry of this Court vide

OD Challan no. 1393 dated 29th July, 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 12th July, 2022 is made absolute till

the disposal of the appeal.

IA No. CAN 1 of 2022 stands thus disposed of.

In Re: CAN 2 of 2023

This is an application for withdrawal of 60% of the

awarded amount deposited by appellant-insurance

company.

Mr. Saswata Bhattacharyya, learned advocate for

respondents-claimants submits that due to sudden

demise of the victim the claimants are facing financial

hardship. The claimants have prayed for withdrawal of

60% of the awarded amount deposited by the insurance

company.

Mrs. Sucharita Paul, learned advocate for

appellant-insurance company opposes such prayer.

It is contended in the application that the victim

was the sole earning member of the family and upon

demise of the victim the claimants are facing economical

hardship. In view of the ground taken, the claimants are

permitted to withdraw Rs.1,00,000/- each.

Registrar General, High Court, Appellate Side,

Calcutta shall release Rs.1,00,000/- each in favoaur of

Respondent Nos. 1 to 7 (Claimants) upon usual

undertaking and on satisfaction of their identity and also

upon undertaking that the respondents-claimants shall

refund the withdrawn amount together with accrued

interest in the event the award of the learned Tribunal is

set aside in appeal.

Respondent no.1-mother and natural guardian of

minor respondent nos. 2 to 5 shall receive the share of

the minors and keep the same in a fixed deposit scheme

of any nationalised bank or post office until attainment of

majority of the said minors.

With the aforesaid observation, CAN 2 of 2023

stands disposed of.

Let the matter appear three weeks after the

ensuring Puja Vacation under the heading 'Hearing'.

             <                       (Bivas Pattanayak, J.)