The New India Assurance Co. Ltd vs Parbati Shaw & Ors
2021 Latest Caselaw 3333 Cal

22.06.2021
  ss +Sc
Item No. 7                  F.M.A. 253 of 2012
                                       with
                       IA No. 1 of 2010 (Old No. CAN 3348 of 2010)

                            ( Via Video Conference )
                                    --------------

The New India Assurance Co. Ltd.

Vs.

Parbati Shaw & ors.

Mr. Sanjay Paul ...For the Appellant/ Assurance Co.

Mr. Muktakesh Das ...For the respondents/claimants

This appeal has been filed by the Assurance

Company against judgment and award dated January 30,

2010 passed by the learned Judge, Motor Accident Claims

Tribunal, Fast Track 3rd Court, Barasat North 24-

Parganas in M.A.C. Case No. 121 of 2008.

Mr. Sanjay Paul, learned counsel appearing on

behalf of the appellant/Assurance Company submits that

the matter has been settled with the claimants and the

claimants are at liberty to withdraw the awarded amount

of Rs.4,31,900/- lying with the Registrar General of this

Hon'ble Court along with accrued interest, if any. He

further submits that he does not wish to pursue this

appeal.

In light of the above submissions, the claimants are

at liberty to withdraw the awarded amount of

Rs.4,31,900/- lying with the Registrar General of this

Hon'ble Court along with accrued interest within a period

of four weeks from the date of communication of this

order.

The claimants/respondents shall furnish

particulars of their respective 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 the

aforesaid amount deposited along with any accrued

interest to the claimants/respondents in accordance with

law in the same manner and proportion as indicated in

the award within a period of four weeks. 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 instant appeal

is disposed of.

In view of disposal of the instant appeal, the

connected application is also disposed of.

LCR, if any, may be returned back to the Court

below.

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.)