Bajaj Allianz General Insurance Company Limited v. Pampa Mondal & ORS

S/L 11 23.6.2021 Court No.26 SD FMAT 639 of 2014 With CAN 1 of 2014 (Old CAN 5695 of 2014) With CAN 2 of 2014 (Old CAN 5700 of 2014) (Via Video Conference) Bajaj Allianz General Insurance Company Ltd.

Vs.

Pampa Mondal & Ors.

Mr. Rajesh Singh ... for the Appellants/Insurance Co.

CAN 2 of 2014 (Old CAN 5700 of 2014):- This is an application for condonation of delay in filing the instant appeal.

On perusal of the pleadings, this Court is satisfied that cause shown for delay in filing of the appeal is sufficient and prayer for condontion of delay should be allowed. Accordingly, the application for condonation of delay being CAN 2 of 2014 stands allowed.

FMAT 639 of 2014:- Mr. Rajesh Singh, counsel appearing on behalf of the appellant/Insurance Company, submits that the awarded sum has been paid to the respondents/claimants. He submits that he does not wish to pursue this appeal any further.

Mr. Singh further submits that the statutory deposit of Rs.25,000/- is lying with the Registrar General of this High Court and his client should be permitted to withdraw the same upon showing proof of payment of the awarded sum to the claimants.

In light of the above submissions, the Registrar General is directed to return the statutory deposit along with accrued interest to the insurance company upon satisfaction by the insurance company that the claimants have been paid the awarded sum as per the order of the Tribunal. Upon showing proof of such payments having been made, the Registrar General is directed to refund the money within a period of four weeks from the date of showing of payment.

With the aforesaid directions, the instant appeal is disposed of.

There shall be no order as to costs.

In view of the disposal of this appeal, connected application, if any, is also disposed of.

The Registry is directed to send down the lower court records at once, if received by this time.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of all formalities, on priority basis.

(Shekhar B. Saraf, J.)