Smt. Biva Paul & Ors vs The Tata Aig General Insurance Co. ...
2021 Latest Caselaw 532 Cal

25.01.2021
Item No.17
(P.Jana)                     (Via Video Conference)


                                FMA 2702 of 2016
             [(IA No : 1/2018(Old No : CAN 4421/2018)]


                            Smt. Biva Paul & ors.
                                   -Vs-
                The Tata AIG General Insurance Co. Ltd. & anr.


                       Mr. Saidur Rahaman,
                                   ... for the appellants/claimants.

                       Mr. Rajesh Singh,
                                   ... for the respondent/

Insurance Company.

This appeal is directed against the judgment and

award dated December 16, 2015, passed by the Learned

Additional District Judge, Fast Track, 1st Court at Raiganj,

Uttar Dinajpur, Motor Accident Claims Tribunal, in MAC

Case No. 70 of 2012.

Mr. Saidur Rahaman, learned counsel, appears

on behalf of the claimants/appellants and Mr. Rajesh

Singh, learned counsel, appears on behalf of the Insurance

Company/respondent.

It has been submitted by the parties that they are

agreeable with regard to the enhancement of the award by

a further sum of Rs. 5,00,000/- (Rupees Five lac) since

there was error by the Tribunal in computation of the

award in accordance with law, particularly in the

assessment of the income of the deceased.

In view of that, this appeal is disposed of by

giving a direction upon the Insurance Company to pay the

said enhanced amount of Rs. 5,00,000/- (Rupees Five lac)

within a period of four weeks from the date of

communication of the bank account details by the

claimants to the Insurance Company.

The payment should be disbursed in the same

proportion to the claimants as directed by the Tribunal.

The appeal F.M.A. 2702 of 2016 is, thus,

disposed of.

The connected application being CAN 4421 of

2018 is also disposed of.

The written instruction filed by the Insurance

Company in Court today with regard to the payment for Rs.

5,00,000/- as further payable be kept with the record.

Urgent photostat certified copy of this order,

if applied for, be supplied to the parties subject to

compliance of all requisite formalities.

(Kausik Chanda, J.)