Akb Smt. Lakshmi Rani Saha & Anr vs New India Assurance Co. Ltd. & Anr
2021 Latest Caselaw 3639 Cal

Ct.
No.   07.7                     F.M.A.T. 1808 of 2009
26    2021                                 With
                     IA No. CAN 1/ 2010 (Old No. CAN 3959 of 2010)
 3                               ( Via Video Conference )
akb                          Smt. Lakshmi Rani Saha & Anr.
                                            Vs.
                           New India Assurance Co. Ltd. & Anr.

             Mr. Krishanu Banik        ...For the Appellants/Claimants

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

The Instant appeal is directed against the judgment and award dated July 13, 2004 passed by the learned Additional District Judge, Fast Track Court No. 1, North 24- Parganas at Barasat, in M.A.C. Case No. 38 of 2008.

Mr. Krishanu Banik, 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.3,25,000/- 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.3,25,000/- 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.

With the aforesaid directions the instant appeal is disposed of. In view of disposal of the appeal, connected

application, if any, is also disposed of. The concerned Department is directed to trace out the application and tag the same with this appeal.

There shall be no further order as to costs.

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.)