Tarapada Bera vs The Bajaj Allianz General ...
2021 Latest Caselaw 3725 Cal

S/L 18
13.7.2021
Court No.26
SD
                                    FMA 357 of 2021
                             (Via Video Conference)

                                     Tarapada Bera
                                          Vs.
                      The Bajaj Allianz General Insurance & Anr.

              Mr. Subhankar Mandal
                                               ... for the Appellant/Claimant.
              Mr. Rajesh Singh
                                         ... for the Respondents/Insurance Co.

This appeal has been filed by the appellant/claimant for enhancement of the amount awarded by judgment and award dated August 20, 2018 passed by the learned Additional District & Sessions Judge, Motor Accident Claims Tribunal, 3rd Court, at Paschim Medinipur in M.A.C. Case No. 465 of 2014.

Mr. Subhankar Mandal, 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 a further sum of Rs.15,00,000/- by way of enhancement. He further submits that he does not wish to pursue this appeal and withdraw the same. It is further submitted that the awarded sum has already been paid to the appellant/claimant.

In the light of the above submission, the respondent/Insurance Company is directed to pay the enhanced sum of Rs.15,00,000/- to the appellant/claimant's bank account directly within a period of four weeks from the date of receipt of the bank details in the manner and proportion as provided in the award.

The appellant/claimant is directed to provide his bank details to the Insurance Company within a period of two weeks from date.

With the aforesaid directions, the instant appeal is disposed of.

There shall be no order as to costs.

In view of the disposal of this appeal, connected application, if any, is also disposed of.

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.)