Smt. Sabita Mondal & Anr vs The New India Assurance Co. Ltd. & ...
2021 Latest Caselaw 3898 Cal

S/L 4
22.7.2021
Court No.26
SD
                                   FMAT 736 of 2011
                             (Via Video Conference)

                             Smt. Sabita Mondal & Anr.
                                         Vs.
                       The New India Assurance Co. Ltd. & Anr.


              Mr. Jayanta Kumar Mandal
                                  ... for the Appellants/Claimants.
              Mr. Sanjay Paul
                                 ... for the Respondents/Insurance Co.

On the oral prayer of the counsel appearing on behalf of the appellants/claimants, the delay in filing the appeal is condoned. No serious objection has been raised by Mr. Sanjay Paul, counsel appearing on behalf of the Insurance Company.

This appeal has been filed by the appellants/claimants for enhancement of the amount awarded by judgment and award dated December 23, 2010 passed by the learned Judge, Motor Accident Claims Tribunal, 3rd Court, Burdwan in MAC Case No.169/382 of 2009.

Mr. Jayanta Kumar Mandal, 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 a further sum of Rs.1,20,000/- 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 appellants/claimants.

In the light of the above submission, the respondent/Insurance Company is directed to pay the enhanced sum of Rs.1,20,000/- to the appellants/claimants' 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 appellants/claimants are directed to provide their 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.)