26 2021 Tata Aig General Insurance ... vs 5&6 Samsuddin Mallick
2021 Latest Caselaw 3554 Cal

Ct.
No.   02.7                      F.M.A. 856 of 2007
26    2021                 Tata AIG General Insurance Co. Ltd.
                                          Vs.
5&6                                Samsuddin Mallick
akb                                      With
                                F.M.A.T. 1478 of 2007
                                    Samsuddin Mallick
                                            Vs.
                                 Raj Kumar Ghosh & Anr.
                                 ( Via Video Conference )

             Mr. Rajesh Singh          ...For the Appellant/Insurance Co.
                                        and respondent/Insurance Co. in

FMAT 1478 of 2007

Mr. Jitendra Nath Pal Ms. Nandini Mukhopadhyay...For the Respondents/Claimants And Appellant/Claimant in FMAT 1478 of 2007

Instant appeal (FMA 856 of 2007) is directed against the judgment and award dated December 11, 2006 passed by the learned Additional District & Sessions Judge, Fast Track Court, 1st Court, Diamond Harbour, South 24 Praganas, in MAC Case No. 26 of 2006.

Mr. Rajesh Singh, learned Counsel appearing on behalf of 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 as the matter has been settled with the claimant/respondent. He further submits that Insurance Company had deposited a total sum of Rs.1,50,920/- by way of two separate deposits in the High Court. From the said deposit, claimant has already withdrawn Rs.50,000/- pursuant to the liberty granted by this Court.

Now, in terms of the settlement, Insurance Company is to get Rs.25,000/- from the Registrar General, and claimant would be entitled to withdraw the entire balance amount together with all accrued interest, kept with the Registrar General, as full and final settlement.

In the light of the above settlement, the

claimant/respondent shall furnish particular of his bank account as also proof of identity with the Registrar General of this Court as expeditiously as possible. Upon deposit of such details, the Registrar General is directed to pay Rs.25,000/- to the Insurance Company and thereafter entire balance amount with all accrued interest to the claimant/respondent in accordance with law within a period of four weeks. The Registrar General shall check the veracity of the bank account and the identity of the claimant before disbursing the amount.

FMAT 1478 of 2007

The above is the separate appeal filed by the same claimant against the self same award passed by the Tribunal Judge.

In view of the settlement reached between the parties, the learned Advocate for the claimant, upon instructions, does not wish to proceed with this appeal and accordingly it is treated as withdrawn.

With the aforesaid directions both the appeals are disposed of. There shall be no further order as to costs.

In view of disposal of the appeals, the connected applications are also disposed of. LCR, if any, may be returned back to the Court below.

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.)