The New India Assurance Co. Ltd vs Jamuna Manna @ Charna Bala Manna & ...
2021 Latest Caselaw 3627 Cal

Ct.
No.   07.7                    F.M.A.T. 327 of 2012
26    2021                                 With
                     IA No. CAN 1 / 2012 (Old No. CAN 7227 of 2012)
 5                                         With
akb                  IA No. CAN 2 / 2012 (Old No. CAN 7229 of 2012)
                                           With
                     IA No. CAN 3 / 2014 (Old No. CAN 8371 of 2014)
                                 ( Via Video Conference )
                             The New India Assurance Co. Ltd.
                                            Vs.
                       Jamuna Manna @ Charna Bala Manna & Anr.

             Mr. Parimal Kumar Pahari
             Ms. Sreemayi Roy         ...For the Appellant/Insurance Co.

             Mr. Amit Ranjan Roy
             Ms. Aishwarya Chatterjee   ...For the Respondents/Claimants

On the oral prayer of the learned Counsel appearing on behalf of the appellant/Insurance Company, the delay in filing the appeal is condoned. No serious objection has been raised by Mr. Amit Ranjan Roy, learned Counsel appearing on behalf of the Claimants/respondents.

The application for condonation of delay is disposed of.

The Instant appeal is directed against the judgment and award dated July 04, 2011 passed by the learned Commissioner, Workmen's Compensation, 1st Court, West Bengal, in Claim Case No. 119 of 2005.

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. He further submits that the entire awarded sum Rs. 3,12,794/- including the statutory deposit has been deposited with the learned Commissioner, Workmen's Compensation (1st Court), West Bengal. He submits that the above sum may be disbursed to the claimants in accordance with law as per the

award.

In the light of the above submissions, the claimants/respondents shall furnish particulars of their Bank account with the Commissioner, Workmen's Compensation, 1st Court, West Bengal, as expeditiously as possible within a fortnight from date. Upon deposit of such details, the Commissioner, Workmen's Compensation, 1st Court, West Bengal is directed to pay the entire deposited amount along with any accrued interest to the claimants/respondents in accordance with law in the same manner and proportion as decided by the Court below.

The Commissioner, Workmen's Compensation, 1st Court, West Bengal, shall check the veracity of the bank account and the identity of the claimants before disbursing the amounts.

Such payment must reach the claimants within four weeks from the date of receipt of the Bank details from the claimants/respondents.

With the aforesaid directions the instant appeal is disposed of.

In view of disposal of the appeal, all connected applications, if any, are also disposed of. The concerned Department is directed to trace out the applications and tag the same with this appeal.

There shall be no further order as to costs.

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.)