Puspa Chanda @ Puspa Chandra v. The Oriental Insurance Co. Ltd & ANR

IN THE HIGH COURT AT CALUTTA

Civil Appellate Jurisdiction 28.02.2023 SL No.1 Court No. 654 Ali F.M.A. 1342 of 2015 Puspa Chanda @ Puspa Chandra

Versus

The Oriental Insurance Co. Ltd. & Anr.

Mr. Jayanta Kumar Mondal ......for the respondents-claimants.

By order dated 10th February, 2023 this appeal was disposed of.

This matter is appearing under the heading "To Be Mentioned".

Mr Jayanta Kumar Mondal, learned advocate for the appellant-claimant indicates that the word "till" in the 6th line of the paragraph following "Calculation of Compensation" should be after the words "(i.e 12.08.2009)". He also indicates that no direction has been given in respect of the authority before whom the cheque is to be deposited and the time period for such complaince. He also submits that the direction for release of the amount has also not been incorporated in the order dated 10.02.2023. In view of the above, he prays for necessary corrections and incorporations. Upon hearing the learned advocate the following corrections/incorporations are made accordingly, in the order dated 10.2.2023.

(i)At page no. 4 in the 6th line of the paragraph following "Calculation of Compensation" the word

"till"

should be read after the words "(i.e.12.08.2009)".

(ii)At page no. 5 in the 2nd line after the word "deposit"

the following sentence shall stand incorporated "Such amount shall be deposited by way of cheque before the learned Registrar General, High Court, Calcutta within six weeks from date".

(iii)At page no.5, a new paragraph shall stand incorporated after the 2nd paragraph namely "Upon deposit of the aforesaid amount and the interest indicated as above, the learned Registrar General, High Court, Calcutta shall release the balance amount and interest in favour of appellant-claimant upon satisfaction of her identity and on payment of ad valorem court fees on the balance amount of compensation assessed, if not already paid."

The order dated 10.02.2023 is modified to the above extent.

Other portions of the said order shall remain unaltered.

This order shall form part of order dated 10.2.2023.

Urgent photostat certified copy of this order if applied for the given to the parties upon compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)