IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED Vs. MITA SAHA AND ORS.
LAWS(CAL)-2018-1-372
HIGH COURT OF CALCUTTA
Decided on January 09,2018

IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED Appellant
VERSUS
Mita Saha And Ors. Respondents

JUDGEMENT

- (1.) C.A.N. 11898 of 2017 is an application for appropriate order. Moving the application, Mr. Singh, learned advocate for the applicant submits that due to inadvertence, it was not brought to the notice of the Court on September 12, 2017, when the application for stay (C.A.N. 8722 of 2017) was considered, that the tribunal while awarding Rs. 32,79,420/- on account of compensation had directed the applicant as well as Oriental Insurance Company Limited to bear such compensation in equal shares. He also submits that he had mentioned the application on a couple of earlier occasions for having the order dated September 12, 2017 corrected so that the liability of the applicant is reduced to 50% from 100% but unfortunately the application did not appear in the list for which the present application has been taken out on December 15, 2017.
(2.) Since the applicant did not deposit Rs. 32,79,420/-, the ad-interim order passed on September 12, 2017 has lapsed.
(3.) Mr. Roy, learned advocate appearing for the respondents 1 and 2/claimants submits that Oriental Insurance Company Limited has deposited 50% of the compensation awarded by the tribunal in their favour, but because of the order dated September 12, 2017, the respondents 1 and 2/claimants have been denied the benefit of withdrawing the sum, which Oriental Insurance Company Limited has deposited. He has also prayed for appropriate order so that the respondents 1 and 2/claimants' interests are not put in jeopardy.;


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