The New India Assurance Co. Ltd vs Dipak Ranjan Das & Anr
2021 Latest Caselaw 3732 Cal

 5 13.07.2021                (Via Video Conference)
Sc
                               F.M.A 937 OF 2010
                                       with
                              I.A. No. CAN 3 OF 2014
                              (Old No.CAN 3397 OF 2014)

                                    --------------

The New India Assurance Co. Ltd.

Vs.

Dipak Ranjan Das & Anr.

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

Mr. Amit Ranjan Roy ...For the Respondents/ Claimants

The appeal is directed against the judgment and

order dated December 16, 2009 passed by the learned

Judge, Motor Accident Claims Tribunal, 2nd Court,

Asansol in M.A.C Case No. 14 of 2008/90 of 2007.

Mr. Roy, counsel appearing on behalf of the

respondent no. 1/claimant submits that during pendency

of the instant appeal claimant, Dipak Ranjan Das had

died intestate leaving behind Smt. Radha Rani Das, Sri

Ankan Das and Sri Partha Pratim Das as his legal heirs

and successors of his estate. This fact was communicated

to the appellant/Assurance Company and accordingly the

Assurance Company has filed an application bearing I.A.

No. CAN 3 of 2014 (Old No. CAN 3397 of 2014) for

substitution and/or recording the names of Smt. Radha

Rani Das, Sri Ankan Das and Sri Partha Pratim Das in

the instant appeal in place and stead of said Dipak

Ranjan Das, since deceased. The said application was

disposed of by an order dated June 24, 2021 by adding

and/or substituting the names of Smt. Radha Rani Das,

Sri Ankan Das and Sri Partha Pratim Das in place and

stead of Dipak Ranjan Das, since deceased.

Mr. Sanjay Paul, counsel appearing on behalf of the

Assurance Company submits that the Assurance

Company has already deposited the entire awarded sum

before the Registrar General of this Court and the said

amount has been invested in a short term auto renewable

fixed deposit account.

Counsel appearing on behalf of the parties submit

that the matter has been settled out of Court and the

substituted respondents may be directed to withdraw a

sum of Rs.3,00,000/- along with accrued interest

calculated from the date of deposit of the awarded sum

till payment in equal share.

I have heard counsel appearing on behalf of the

parties. In light of the above submissions the

respondents/claimants are at liberty to withdraw the

settled amount with accrued interest lying with the

Registrar General of this Court.

The respondents/claimants shall furnish

particulars of their bank accounts as also proof of identity

of each with the Registrar General of this Court within

two weeks from date.

Upon receipt of such bank details, the Registrar

General is directed to pay the aforesaid amount with

accrued interest, if any, to the respondents/claimants, in

equal share, within a period of four weeks.

The Registrar General shall check the veracity of

the bank accounts and identity of the claimants before

disbursing the amount.

The registrar General is also directed to return the

balance amount with accrued interest, if any, to the

Assurance Company, if an approach in this behalf is

made.

The appeal is disposed of. Accordingly the

connected application is also disposed of.

There will be no order as to costs.

The department is directed to send down the LCR.

Photostat certified copy of this order, if applied for,

be furnished upon compliance of all formalities.

(Shekhar B. Saraf, J.)