Smt. Annabala Bagdi vs The New India Assurance Co. Ltd. & ...
2021 Latest Caselaw 3899 Cal

22.07.2021
  ss
                                F.M.A.T. 492 of 2016
                                  ( Via Video Conference )

                                  Smt. Annabala Bagdi
                                          Vs.
                         The New India Assurance Co. Ltd. & anr.


                   Mr. Jayanta Kumar Mandal
                                       ...For the Appellant/claimant
                   Mr. Sanjay Paul
                                ... For the respondent No.1/Insurance Co.

On the oral prayer of the learned Counsel

appearing on behalf of the appellant/claimant, the delay

in filing the appeal is condoned. No serious objection has

been raised by Mr. Sanjay Paul, learned Counsel

appearing on behalf of the Insurance Company.

F.M.A.T. 492 of 2016

By consent of the parties, the instant appeal is

treated as on day's list and is taken up for hearing.

The department is directed to issue F.M.A. number

immediately.

<,

This appeal has been filed by the appellant/

claimant for enhancement of the amount awarded by

judgment and/or order dated 19th January, 2016 passed

by the learned Additional District Judge, Fast Track

Court and Motor Accident Claims Tribunal, Durgapur,

Burdwan in M.A.C. Case No. 96 of 2012/185 of 2011.

Mr. Jayanta Kumar Mandal, learned Counsel

appearing on behalf of the appellant/claimant submits

that the matter has been settled with the Insurance

Company at an enhanced amount of Rs.60,000/- and the

Insurance Company is now required to pay a further sum

of Rs.60,000/- by way of full and final settlement to the

claimant. 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 appellant/

claimant.

In the light of the above submission, the

respondent/Insurance Company is directed to pay the

enhanced amount of Rs.60,000/- to the claimant's bank

account directly. The claimant is directed to provide her

bank details along with proof of identity to the Insurance

Company within a period of two weeks and upon receipt

of the same, the Insurance Company is directed to

deposit the enhanced amount, that is, Rs.60,000/- to the

claimant's bank account as per award within four weeks

thereafter.

With the aforesaid directions, the instant appeal is

disposed of.

There shall be no 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.)