The Oriental Insurance Co.Ltd vs Anwesha Ghosh & Anr
2023 Latest Caselaw 7069 Cal

12.10.2023                 IN THE HIGH COURT AT CALCUTTA
 Ct. no.654                 CIVIL APPELLATE JURISDICTION
 Sl. Nos.232
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                                  F.M.A.750 of 2023
                           CAN 1/2023 & CAN 2/2023

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                               The Oriental Insurance Co.Ltd.
                                              Vs.
                                  Anwesha Ghosh & Anr.
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                     Mr. Rajesh Singh
                                 ... for the appellant- insurance Co.
                     Mr. Krishnu Banik
                     Mr. Tathagata Banik
                     Mr. Prabir Guha Roy
                                 ..for the respondents-claimants

In Re: CAN 1 of 2023

This is an application for stay of operation of the

impugned judgment and award.

By order dated 5th September, 2023, interim stay

was granted on condition to deposit the entire awarded

sum together with interest.

Mr. Rajesh Singh, learned advocate for the

appellant-insurance company submits that in compliance

with the order of this Court, 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.

Mr. Krishnu Banik, learned advocate for the

respondent-claimant does not raise any objection.

It is found from the office report dated 3rd October,

2023 that a sum of Rs.33,81,622/- has been deposited

with the registry of this Court vide O.D. challan no.1787

dated 18th September, 2023. Since the insurance

company has complied with the order of this Court, the

interim stay granted earlier vide order dated 5th

September, 2023 is made absolute till the disposal of the

appeal.

The application being CAN 1 of 2023 stands

disposed of.

In Re: CAN 2 of 2023

This is an application for withdrawal of certain

amount of compensation deposited by the appellant-

insurance company.

Mr. Krishnu Banik, learned advocate for the

respondent no.1-claimant submits that the victim was a

practicing advocate and on sudden demise of the victim,

the respondent no.1-claimant being his daughter is facing

acute financial hardship. He submits that the respondent

no.1- claimant may be permitted to withdraw certain sum

of money for his sustenance and livelihood.

Opposing such prayer of the respondent-claimant,

Mr. Rajesh Singh, learned advocate for the appellant-

insurance company submits that the insurance company

has challenged the aspect that the victim sustained

injuries in the alleged accident as well as loss of income.

It is contended in the application that the

respondent-claimant in spite of award being passed by the

learned Tribunal has not received any amount till date. In

view of the grounds taken, the respondent no. 1-claimant

is permitted to withdraw a sum of Rs.5,00,000/-.

Learned Registrar General, High Court, Calcutta

shall release the aforesaid amount of Rs. 5,00,000/- in

favour of the respondent no.1(claimant), upon usual

undertaking and on satisfaction of her identity and also

upon undertaking that she shall refund the amount along

with accrued interest, if the award passed by the learned

Tribunal is set aside in appeal.

Learned Registrar General shall re-invest the balance

amount in auto renewal scheme of any nationalized bank

until further orders.

With the aforesaid observations, the application

being CAN 2 of 2023 stands disposed of.

Let the matter go out of the list with liberty to

mention.

(Bivas Pattanayak, J.)