9 vs Akb The New India Assurance Co. ...
2021 Latest Caselaw 3603 Cal

Ct.
No.   06.7                      F.M.A. 62 of 2017
26    2021                      ( Via Video Conference )
                             Smt. Suparna Karmakar & Ors.
 9                                         Vs.
akb                      The New India Assurance Co. Ltd. & Anr.

             Mr. Jayanta Kumar Mandal ...For the Appellants/Claimants

             Mr. Sanjay Paul           ...For the Respondent/Insurance Co.

The Instant appeal is directed against the judgment and award dated June 15, 2016 passed by the learned District Judge, Motor Accident Claims Tribunal at Balurghat, District - Dakshin Dinajpur, in M.A.C. Case No. 152 of 2014.

Mr. Jayanta Kumar Mandal, learned Counsel appearing on behalf of the appellants/claimants submits that the matter has been settled with the Insurance Company and the Insurance Company is now required to pay an additional sum of Rs.2,60,000/- by way of enhancement. He further submits that he does not wish to pursue this appeal. It is further submitted that the awarded sum has already been paid to the claimants/appellants.

In the light of the above submission, the Insurance Company is directed to pay the enhanced sum of Rs.2,60,000/- to the claimants' bank account directly within a period of four weeks from the date of receipt of the bank account details of the appellants.

Learned Counsel for the appellants will forward the bank account details of the appellants within a fortnight from date to the learned Counsel for the Insurance Company. The payment shall be made in the same manner and proportion as decided by the Court below.

With the aforesaid directions the instant appeal is disposed of.

There shall be no further order as to costs. 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.)