Calcutta High Court (Appellete Side)
Akb Smt. Sumitra Mondal & Ors vs The New India Assurance Co. Ltd. & ... on 12 July, 2021
Ct.
No. 12.7 F.M.A. 1496 of 2008
26 2021 With
IA No. CAN 2/ 2014 (Old No. CAN 11807 of 2014)
6 ( Via Video Conference )
akb Smt. Sumitra Mondal & Ors.
Vs.
The New India Assurance Co. Ltd. & Anr.
Mr. Krishanu Banik ...For the Appellants/Claimants
Mr. Rajesh Singh ...For the Respondent/Insurance Co.
This is an application for taking note of the death
of the appellant No.4, being Atashi Mondal who died
intestate on 08.01.2010 leaving behind her legal heirs, i.e.
appellant Nos. 1 to 3 who are already on record. The date of
death of appellant No. 4 appears from page 7 being annexure
'P' to this application.
Accordingly, the prayer made by the applicants in
this application is allowed. The concerned department is
directed to amend the cause title of the memorandum of the
instance appeal.
It is submitted by Mr. Krishanu Banik, the learned
Counsel appearing for the appellants/claimants that during
the pendency of the present appeal, the appellant Nos. 2 and
3 have attained majority.
On the prayer of the learned Counsel, the
recording of attainment of majority of the appellant Nos. 2
and 3 is allowed. Concerned department is directed to make
necessary amendments in the cause title of the memorandum
of appeal.
The appeal is directed against the judgment and
award dated March 4, 2008 passed by the learned Judge,
Motor Accident Claims Tribunal, 5th Court, Burdwan, in
M.A.C. Case No. 55/207 of 2007/2007.
Mr. Krishanu Banik, the 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/- in equal share to the three claimants through
their bank accounts directly within a period of 45 days from
the date of receipt of the bank account details of the
appellants/claimants.
Learned Counsel for the appellants/claimants 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 equal share
amongst the three appellants/claimants i.e. appellant Nos. 1,
2 and 3.
With the aforesaid directions the instant appeal
and the connected applications are disposed of. In view of
disposal of this appeal, connected applications are also
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.)
