Smt. Krishna Debnath & Ors vs United India Insurance Co. Ltd. & ...
2021 Latest Caselaw 3905 Cal

S/L 11
22.7.2021
Court No.26
AD
                                    FMAT 5 of 2019
                             (Via Video Conference)

                            Smt. Krishna Debnath & Ors.
                                         Vs.
                        United India Insurance Co. Ltd. & Anr.


              Mr. Jayanta Kumar Mandal
                                  ... for the Appellants/Claimants.
              Mr. Sanjay Paul
                                 ... for the Respondent/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.

This appeal has been filed by the appellants/claimants

for enhancement of the amount awarded by judgment and

award dated August 21, 2018 passed by the learned Judge,

Motor Accident Claims Tribunal, 1st Court, Contai, Purba

Medinipur in MAC Case No.87 of 2016.

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.5,46,000/- 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.5,46,000/- 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.)