5 vs Akb The New India Assurance Co. ...
2021 Latest Caselaw 3607 Cal

Ct.
No.   06.7                     F.M.A. 2935 of 2015
26    2021                      ( Via Video Conference )
                                  Smt. Shikha Mondal
 5                                         Vs.
akb                      The New India Assurance Co. Ltd. & Ors.

             Mr. Jayanta Kumar Mandal ...For the Appellant/Claimant

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

The Instant appeal is directed against the judgment and award dated November 19, 2014 passed by the learned Judge, Motor Accident Claims Tribunal & District Judge at Barasat, in M.A.C. Case No. 90 of 2014.

Mr. Jayanta Kumar Mandal, learned 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 an additional sum of Rs.5,00,000/- 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 claimant/appellant.

In the light of the above submission, the Insurance Company is directed to pay the enhanced sum of Rs.5,00,000/- to the claimant's bank account directly within a period of four weeks from the date of receipt of the bank account details of the appellant.

Learned Counsel for the appellant will forward the bank account details of the appellant within a fortnight from date to the learned Counsel for the Insurance Company.

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.)