United India Insurance Co. Ltd vs Aman Bajaj & Ors
2023 Latest Caselaw 6129 Cal

13.09.2023                      IN THE HIGH COURT AT CALCUTTA
Ct. no.654                      CIVIL APPELLATE JURISDICTION
Sl. Nos.185-186
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                                         F.M.A. 313 of 2023
                                         (CAN 2 of 2023)
                                  United India Insurance Co. Ltd.
                                                Vs.
                                          Aman Bajaj & Ors.
                                                with
                                           COT 43 of 2023
                                            Aman Bajaj
                                                 Vs.
                               United India Insurance Co. Ltd. & Anr.

                  ,,




                         Mr. Rajesh Singh
                                     ... For the appellant-insurance co.

                         Mr. Ashique Mondal
                                    ... For the respondent no.1.-claimant.

In Re: CAN 2 of 2023

This is an application for withdrawal of certain

amount of compensation deposited by the appellant-

insurance company.

Mr. Ashique Mondal, learned advocate for the

respondent no.1-claimant submits that the claimant-

injured due to injuries sustained in the said accident had

to undergo amputation of left leg above knee and as per

disablement certificate the victim sustained disability of

80%. For such physical disablement due to amputation,

the victim is functionally 100% disabled. The victim

requires replacement of prosthesis. For his livelihood,

rehabilitation and also for day to day requirements, the

victim needs certain amount of money which would come

in aid to his sustenance and medical treatment. He

submits that the victim-injured be permitted to withdraw

certain amount of money.

Mr. Rajesh Singh, learned advocate for the appellant-

insurance company opposes such prayer for withdrawal of

the awarded sum by the victim-injured.

In terms of the order of this Court, the insurance

company has deposited a sum of Rs.1,74,19,856/- with

the registry of this Court in addition to statutory amount.

From the impugned judgment, it is found that the

victim sustained 80% disablement due to amputation of

his left leg. The learned Tribunal has also allowed

compensation towards reimbursement expenses and

prosthesis and its replacement. Bearing in mind the facts

and circumstances, I am inclined to allow the prayer for

withdrawal by the respondent no.1-claimant. Accordingly,

the respondent no.1-claimant is permitted to withdraw a

sum of Rs.30,00,000/-.

Learned Registrar General, High Court, Calcutta

shall release the aforesaid amount of Rs. 30,00,000/- to

respondent no.1, upon usual undertaking and on

satisfaction of his identity and also upon undertaking

that he shall refund the amount along with accrued

interest, if the award passed by the learned Tribunal is

set aside in appeal.

The aforesaid withdrawal by respondent no.1-

claimant shall be subject to the result of this appeal.

With the aforesaid observations, the application

being CAN 2 of 2023 stands disposed of.

In Re: F.M.A. 313 of 2023

Both the learned advocates submit for fixing a date

of hearing after the ensuing puja vacation.

Let the matter appear on 17th November, 2023 under

the heading "Hearing".

             <                   (Bivas Pattanayak, J.)