The National Insurance Co. Ltd vs Smt. Pushpa Kunwar & Ors
2021 Latest Caselaw 3598 Cal

S/L 12
06.7.2021
Court No.26
SD
                                       FMA 354 of 2019
                                            With
                                         CAN 1 of 2018
                                    (Old CAN 8341 of 2018)
                                   (Via Video Conference)

                              The National Insurance Co. Ltd..
                                            Vs.
                                Smt. Pushpa Kunwar & Ors.

              Mr. Sanjay Paul
                                               ... for the Appellant/Insurance Co.
              Mr. Subhankar Mandal
                                               ... for the Respondents/Claimants.

This appeal has been filed by the appellant/insurance company against the judgment and award dated August 8, 2018 passed by the learned Additional District Judge, Motor Accident Claims Tribunal, 2nd Court, Asansol, Burdwan in M.A.C. Case No. 15 of 2014 (42 of 2013).

Mr. Sanjay Paul, counsel appearing on behalf of the appellant/Insurance Company submits that the matter has been settled with the respondents/claimants and respondents/claimants are at liberty to withdraw a sum of Rs.36,00,000/- lying with the Registrar General of this Court along with accrued interest, if any. He further submits that he does not wish to pursue this appeal and withdraw the same.

In light of the above submissions, the claimants/respondents shall furnish particulars of their respective Bank accounts with the Registrar General of this Court as expeditiously as possible. Upon receipt of such details, the Registrar General is directed to pay Rs.36,00,000/- along with any accrued interest to the claimants/respondents in accordance with law in the same

manner and proportion of the award within a period of four weeks.

The Registrar General shall check the veracity of the bank accounts and the identity of the claimants before disbursing the amounts.

Registrar General is also directed to pay the balance amount along with any accrued interest to the Insurance Company after making payments to the respondents/claimants.

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 applications, if any, are 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.)