Samsuddin Molla & Ors vs The New India Assurance Co. Ltd. & ...
2021 Latest Caselaw 4072 Cal

S/L 13
04.8.2021
Court No.26
SD
                                    FMA 627 of 2014
                                         With
                                      CAN 1 of 2010
                                 (Old CAN 4555 of 2010)
                                 (Application is not in the file)
                             (Via Video Conference)

                              Samsuddin Molla & Ors.
                                        Vs.
                       The New India Assurance Co. Ltd. & Anr.


              Mr. Krishanu Banik
                                                ... for the Appellants/Claimants.
              Ms. Sayanti Santra
                                           ... for the Respondent/Insurance Co.

The appeal is directed against the judgment and award dated March 5, 2008 passed by the learned Judge, Motor Accident Claims Tribunal, Dakshin Dinajpur at Balurghat in M.A.C. Case No.200 of 2006.

Mr. Krishanu Banik, counsel appearing on behalf of the appellants/claimants submits that the matter has been settled with the Insurance Company and the Insurance Company is now required to pay an additional sum of Rs.1,95,000/- by way of enhancement. He further submits that he does not wish to pursue this appeal and withdraw the same. It is further submitted that the awarded sum has already been paid to the appellants/claimants.

In the light of the above submission, the respondent/Insurance Company is directed to pay the enhanced sum of Rs.1,95,000/- to the appellants/claimants' bank account directly within a period of four weeks from the date of receipt of the bank details in the manner and proportion as provided in the award.

The appellants/claimants are directed to provide their bank details to the Insurance Company within a period of two weeks from date.

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 applications, if any, are 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.)