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Judgment
Biswajit Palit, J
Learned counsel for both the parties are present.
Seen the calculation sheet of both the parties.
The Learned Tribunal passed the award on 16.09.2021 and the High Court in appeal passed the judgment on 21.07.2023. According to the Learned counsel for the insurance company initially as per award of the Learned Tribunal they have deposited a considerable sum @6% before filing of the appeal before the Tribunal and when the award was enhanced by the order of the High Court that time they have calculated the balance interest of 1.5% in respect of the money which was deposited before the Tribunal earlier and thereafter they have further calculated the rate of interest @ 7.5% on the enhanced part.
On the other hand, Learned counsel for the appellant-applicant also raised objection to that calculation.
However, after verification of both the statements it appears that the insurance company is to pay the balance interest w.e.f. 21.09.2023 to 13.02.2024 to the claimant.
Learned counsel for the insurance company sought further time to deposit the balance amount. On the other hand, Learned counsel for the claimant-petitioner-applicant prayed for releasing the amount already been deposited by the insurance company vide cheque bearing No.955579 dated 13.02.2024 for an amount of Rs.9,09,262/-.
The Registry be asked to release the said amount to the appellant-applicant. The balance amount of interest as stated above be deposited by the insurance company to the Registry within a period of 6(six) weeks and the Registry also be asked to pay the said amount in the event of deposit of the cheque by the insurance company to the appellant-applicant accordingly.
With this observation, this IA stands disposed of.
A copy of this order be furnished to the Learned counsel for the both the sides.
