Bajaj Allianz General Insurance ... vs Smt. Krishna Kabi & Ors
2021 Latest Caselaw 3997 Cal

29.07.2021
  ss                              ( Via Video Conference )
                               F.M.A. 30 of 2018
                     I.A. CAN 1 of 2017 (old No. CAN 10601 of 2017)

                        Bajaj Allianz General Insurance Co. Ltd.
                                          Vs.
                                Smt. Krishna Kabi & ors.


                   Mr. Rajesh Singh
                                        ...For the Appellants/Insurance Co.

                   Mr. Snehasish Jana
                   Mr. Sukanta Das
                                        ... For the respondents/claimants

The instant appeal is directed against the judgment

and award dated July 25, 2017 passed by the Learned

Judge, Motor Accident Claims Tribunal and Additional

District & Sessions Judge, 7th Court, Paschim Medinipur,

in MAC Case No. 404 of 2011.

Mr. Singh, learned Counsel appearing on behalf of

the appellant Insurance Company, on instruction submits

in Court today that his client/Insurance Company does

not wish to pursue the instant appeal any further as the

matter has been settled with the claimants/respondents.

He further submits that Insurance Company had

deposited a total sum of Rs.16,01,878/- by way of two

separate deposits in the High Court.

Now, in terms of the compromise, Insurance

Company is to get Rs.1,75,000/- from the Registrar

General of this Hon'ble Court and the claimants would be

entitled to withdraw the entire balance amount together

with all accrued interest, kept with the Registrar General

of this Hon'ble Court as full and final settlement.

Mr. Jana, learned Counsel appearing for the

claimants/respondents, agrees to the above terms.

In the light of the above settlement, the

claimants/respondents shall furnish particulars of their

bank accounts as also proof of identity with the Registrar

General of this Hon'ble Court as expeditiously as possible.

Upon deposit of such details, the Registrar General is

directed to pay Rs.1,75,000/- to the Insurance Company

and thereafter entire balance amount with all accrued

interest to the claimants/respondents in accordance

with law. The payment shall be made to the claimants in

the proportion decided by the Court below, within a

period of four weeks from the date of receiving the details.

The Registrar General shall check the veracity of the bank

accounts and the identity of the claimants before

disbursing the amount.

With the aforesaid directions the appeals is

disposed of. There shall be no further order as to costs.

In view of disposal of the appeal, the connected

applications are also disposed of. LCR, if any, may be

returned back to the Court below.

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.)