National Insurance Co. Ltd vs Kamakshya Banerjee & Ors
2021 Latest Caselaw 6599 Cal

23.12.2021
Item No.16
Ct. No.7
AGM
(disposed of)

                                  FMA 3494 of 2016
                                  (Physical Hearing)

                              National Insurance Co. Ltd.
                                          Vs.
                              Kamakshya Banerjee & Ors


                  Mr. Rajesh Singh, Adv.
                          ...for the appellant/Insurance Company.

                  Ms. Sima Ghosh, Adv.
                            ...for the respondents/claimants.

Mr. Rajesh Singh, learned advocate

appearing for the Appellant/Insurance Company on

instruction submits that a settlement has already

been reached between the parties, and in view of such

settlement, the instant appeal may be disposed of.

Ms. Sima Ghosh, learned advocate appearing

for the claimants/respondents has conceded to the

submissions advanced by Mr. Rajesh Singh.

This is an appeal of Insurance Company and

is directed against the judgment and award dated

22nd December, 2015, passed by learned Judge,

Motor Accident Claims Tribunal, 4th Court, Additional

District and Sessions Judge, Suri, Birbhum in M.A.C.

Case No. 79 of 2014, on a claim under Section 166 of

the M.V.Act, 1988, granting an award to the tune of

Rs. 21,41,000/- to the dependents of the deceased,

namely, Prasanta Adhikari for a vehicular accident

occurred on 17th March, 2014, by reason of

involvement of vehicle No. WB-54L/7912 in

consequence of rash and negligent driving.

Mr. Singh, learned advocate appearing for

the Appellant/Insurance Company, on instruction

submits in Court today that his Client/Insurance

Company does not wish to pursue the instant appeal

any further. He further submits that a sum of Rs.

25,000/-, being the statutory amount and a further

sum of Rs. 25,30,957/-, amounting to a total of Rs.

25,55,957/- has been deposited by the insurance

company with the learned Registrar General of this

Court.

Ms. Sima Ghosh, learned advocate for the

respondents/claimants submits that from the above

deposit, pursuant to the leave dated 23.12.2016

granted by this Court, claimants have already

withdrawn Rs. 12,77,976/- from the Hon'ble High

Court.

Now, in view of the settlement reached, the

parties agree that claimants shall withdraw a further

sum of Rs. 10 lakhs from the High Court.

Claimants/respondents shall furnish particulars of

their Bank details as also proof of identity with the

Registrar General of this Court as expeditiously as

possible. Upon deposit of such details, the Registrar

Genera is directed to pay the said sum of Rs. 10 lakhs

directly in the bank account of the claimants through

RTGS/NEFT, in the proportion decided by the Court

below. Such payment must reach the claimants

within four weeks from the date of receipt of the Bank

details from the claimants/respondents. After

disbursing the aforesaid sum to the claimants, the

learned Registrar General is further directed to refund

the entire balance deposit with interest accrued, to

the Insurance Company within a period of four weeks.

With the aforesaid directions the instant

appeal is disposed of.

In view of the disposal of this appeal,

connected application, if any, is also disposed of.

There will no order as to costs.

Urgent certified photostat copy of this order,

if applied for, shall be given to the parties as

expeditiously as possible on compliance of all

necessary formalities.

(Subhasis Dasgupta, J.)