Bajaj Allianz General Insurance ... vs Asima Bera (Giri) & Ors
2021 Latest Caselaw 3244 Cal

S/L 8
17.6.2021
Court No.26
SKB/SD
                                  FMA 2409 of 2014
                                        With
                                     CAN 1 of 2014
                                (Old CAN 5702 of 2014)
                              (Via Video Conference)

                         Bajaj Allianz General Insurance Co. Ltd.
                                           Vs.
                                 Asima Bera (Giri) & Ors.

              Mr. Rajesh Singh
                                                           ... for the Appellant.
              Mr. Jayanta Kumar Mondal
                                                         ... for the Respondents.

This appeal has been filed against the judgment and award dated December 23, 2013 passed by the learned Additional District Judge, Fast Track, 4th Court & Tribunal Judge, MAC Cases, Alipore, South 24-Parganas in M.A.C. Case No. 07 of 2012.

Mr. Jayanta Kumar Mondal, learned Counsel appearing on behalf of the respondents/claimants submits that the decree has been executed and the amounts have been paid by the insurance company to the claimants/respondents. He produces the photocopies of the cheques paid in favour of the claimants/respondents.

In light of the above submissions, the Registrar General is directed to refund the entire amount of Rs.9,74,000/- along with accrued interest to the insurance company within a period of four weeks from date.

The insurance company is directed to make an appropriate application forthwith before the Registrar General.

With the aforesaid directions the instant appeal is disposed of.

There shall be no further 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.)