Smt. Sangita Roy & Anr vs The New India Assurance Co. Ltd. & ...
2021 Latest Caselaw 3596 Cal

S/L 16
06.7.2021
Court No.26
SD
                                   FMA 1730 of 2019
                             (Via Video Conference)

                              Smt. Sangita Roy & Anr.
                                        Vs.
                       The New India Assurance Co. Ltd. & Anr.

              Mr. Jayanta Kumar Mandal
                                      ... for the Appellants/Claimants.
              Mr. Sanjay Paul
                                 ... for the Respondents/Insurance Co.

This appeal has been filed by the appellants/claimants for enhancement of the amount awarded by judgment and award dated September 26, 2018 passed by the learned Judge, Motor Accident Claims Tribunal, 2nd Court, at Raiganj, Uttar Dinajpur in M.A.C. Case No. 145 of 2017.

Mr. Jayanta Kumar Mondal, counsel appearing on behalf of the appellant/claimant submits that the matter has been settled with the Insurance Company and the Insurance Company is now required to pay a further sum of Rs.2,20,000/- 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.2,20,000/- 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 application, if any, is 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.)