Bajaj Allianz General Insurance ... vs Nawsad Sk. @ Nowshad Sekh & Anr
2021 Latest Caselaw 3546 Cal

12 02.07.2021                (Via Video Conference)
Sc
                                F.M.A.T 453 of 2017
                                         with
                                I.A. No. CAN 1 of 2017
                              (Old No.CAN 4865 of 2017)
                                         with
                                I.A. No. CAN 2 of 2017
                              (Old No.CAN 4880 of 2017)

                                       --------------

Bajaj Allianz General Insurance Company Limited Vs.

Nawsad Sk. @ Nowshad Sekh & Anr.

Mr. Rajesh Singh ...For the Appellant/ Insurance Company

Mr. Jayanta Kumar Mondal ...For the Respondents/ Claimants I.A. No. CAN 1 of 2017 (Old No.CAN 4865 of 2017)

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This is an application for condonation of delay in

filing the instant appeal.

On perusal of the pleadings, this Court is satisfied

that cause shown for delay in filing of the appeal is

sufficient and prayer for condonation of delay should be

allowed.

Accordingly, the application for condonation of

delay stands allowed. Register the appeal if it is in form.

F.M.A.T 453 of 2017

The instant appeal has been filed by the

appellant/Insurance Company being aggrieved by the

judgment and award dated September 14, 2016 passed

by the Judge, Motor Accident Claims Tribunal 2nd Court,

Suri Birbhum, in M.A.C. Case No. 147 of 2010.

By the impugned award, the relevant motor

accident claims tribunal allowed an application and

awarded compensation to be paid to the claimants by

the insurance company together with interest from the

date of presentation of the claim application.

Mr. Rajesh Singh, counsel appearing on behalf of

the appellant/Insurance Company submits that the

matter has been settled between the parties and a sum of

Rs.4,05,549/- together with statutory deposit of

Rs.25,000/- has been secured by the Insurance Company

with the Registrar General of this High Court.

He also submits that the respondents/claimants

may be directed to withdraw the said sum with interest

accrued on it from the Registrar General of this Court.

Mr. Jayanta Kumar Mondal, counsel is appearing

on behalf of the respondents/claimants and prays for

withdrawal of the said sum with accrued interest in the

manner and proportion as indicated in the judgment and

award.

I have heard counsel appearing on behalf of the

parties.

In light of the above submissions the

respondents/claimants are at liberty to withdraw the

entire amount with interest lying with the Registrar

General of this Court within a period of four weeks from

the date of communication of this order.

The respondents/claimants shall furnish

particulars of their bank accounts as also proof of identity

of each with the Registrar General of this Court within

two weeks from date. Upon receipt of such bank details,

the Registrar General is directed to pay the aforesaid

amount with accrued interest, if any, to the

respondents/claimants in the same manner and

proportion as indicated in the judgment and award of the

tribunal within a period of four weeks.

The Registrar General shall check the veracity of

the bank accounts and identity of the claimants before

disbursing the amount.

The registrar General is also directed to return the

statutory amount with accrued interest, if any, to the

Insurance Company if an approach in this behalf is made.

The appeal is disposed of. Accordingly the

connected application is also disposed of.

There will be no order as to costs.

The department is directed to send down the LCR.

Photostat certified copy of this order, if applied for,

be furnished upon compliance of all formalities.

(Shekhar B. Saraf, J.)