The Oriental Insurance Co. Ltd v. Shyamali Debnath & ORS
04.01.2023 Ct. No.237 pg.
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURICTION APPELLATE SIDE IA No. CAN 4 of 2022 in FMA 1294 of 2013 The Oriental Insurance Co. Ltd.
Vs.
Smt. Shyamali Debnath & Ors.
with COT 39 of 2013 Smt. Shyamali Debnath & Ors.
Vs.
The Oriental Insurance Co. Ltd. & Anr.
Mr. Parimal Kumar Pahari ... For the appellant/Insurance Co. in FMA 1294 of 2013 & respondent no.1 in COT 39 of 2013 Ms. Sima Ghosh ... For the respondents/claimants in FMA 1294 of 2013 & Cross-appellant in COT 39 of 2013 In re: IA No. CAN 4 of 2022 It is submitted by the learned advocate for the claimants that in the Memorandum of Appeal, the name of the respondent no.2 should be corrected from Mamoni Debnath to Manoni @ Pinki Debnath @ Pinki Roy. Heard both sides.
Liberty is granted to make necessary correction of the name of the respondent no.2 in the Memorandum of Appeal.
Department is directed to incorporate necessary correction accordingly.
The application, being CAN 4 of 2022, stands disposed of.
In re: FMA 1294 of 2013 with COT 39 of 2013 It is submitted on behalf of both sides that in the second paragraph at page 6 of the judgment dated 16th November, 2022, it was mistakenly written that the respondents/claimants have already received Rs.1,89,500/- along with interest, but no amount has yet been received by the respondents/claimants and the entire amount is deposited with the office of the learned Registrar General of this Court.
Therefore, the learned Registrar General is requested to disburse the amount of Rs.1,89,500/- along with accrued interest to the respondents/claimants in equal share on proper identification. The learned Registrar General is also requested to disburse the enhanced amount which shall be deposited by the appellant/Insurance Company within six week from this date, if not already deposited, to the respondents/ claimants in equal share on proper identification. The other remaining portions of the judgment dated 16th November, 2022 will remain unchanged. Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.
(Bibhas Ranjan De, J.)