Sandip Deb vs Reliance General Insurance Co. ...
2021 Latest Caselaw 3952 Cal

S/L 15
26.7.2021
Court No.26
AD
                                 FMAT 170 of 2020
                            (Via Video Conference)

                                   Sandip Deb
                                        Vs.
                     Reliance General Insurance Co. Ltd. & Anr.


              Ms. Gopa Das Mukherjee
                                   ... for the Appellant/Claimant.
              Mr. Afroz Alam
                                  ... for the Respondent/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. Afroz Alam, learned Counsel appearing on behalf of the

Insurance Company.

This appeal has been filed by the appellant/claimant

for enhancement of the amount awarded by judgment and

award dated May 29, 2019 passed by the learned Judge,

Motor Accident Claims Tribunal, City Civil Court, VIth

Bench, Calcutta in MAC Case No.04 of 2012.

Ms. Gopa Das Mukherjee, counsel appearing on

behalf of the appellant/claimant, 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.1,00,000/- by way of enhancement. She further submits

that she 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 appellant/claimant.

In light of the above submission, the

respondent/Insurance Company is directed to pay the

enhanced sum of Rs.1,00,000/- to the appellant/claimant's

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 appellant/claimant is directed to provide his 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.)