Sujibul Hoque & Anr vs The New India Assurance Co. Ltd. & ...
2021 Latest Caselaw 3903 Cal

22.07.2021
  ss
                                   F.M.A.T. 943 of 2016
                                     ( Via Video Conference )

                        Sri Sajibur Rahaman alias Sujibul Rahaman alias
                                      Sujibul Hoque & anr.
                                               Vs.
                             The New India Assurance Co. Ltd. & ors.


                   Mr. Jayanta Kumar Mandal
                                       ...For the Appellants/claimants
                   Mr. Sanjay Paul
                                ... For the respondent No.1/Insurance Co.

On the oral prayer of the learned 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, learned

Counsel appearing on behalf of the Insurance Company.

F.M.A.T. 943 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.

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This appeal has been filed by the appellants/

claimants for enhancement of the amount awarded by

judgment and/or order dated 22nd September, 2014

passed by the learned Judge, Motor Accident Claims

Tribunal 2nd Court, Raiganj, Uttar Dinajpur in M.A.C.

Case No. 145 of 2006.

Mr. Jayanta Kumar Mandal, learned Counsel

appearing on behalf of the appellants/claimants submits

that the matter has been settled with the Insurance

Company at an enhanced amount of Rs.50,000/- and the

Insurance Company is now required to pay a further sum

of Rs.50,000/- by way of full and final settlement to the

claimants. 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 appellants/

claimants.

In the light of the above submission, the

respondent/Insurance Company is directed to pay the

enhanced amount of Rs.50,000/- to the claimants' bank

accounts directly. The claimants are directed to provide

their 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.50,000/- to the claimants' bank accounts in the same

manner and proportion 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.)