Sc Sk. Sahauddin vs New India Assurance Company Ltd. & ...
2021 Latest Caselaw 3339 Cal

Ct   22.6                       F.M.A. 752 of 2013
No   2021                               With
26                      I.A. No. 2 of 2015 (Old No. CAN 1721 of 2015)
                             ( Via Video Conference )
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Sc                            Sk. Sahauddin
                                     Vs.
                   New India Assurance Company Ltd. & Ors.


            Mr. Krishanu Banik
                                       ...For the Appellant/Claimant

            Mr. Sanjay Paul
                              ...For the Respondent Assurance Co.

                     This     appeal     has    been     filed     by   the

            appellant/claimant for      enhancement     of   the   amount

awarded by judgment and award dated March 26, 2012

passed by the learned Judge, Motor Accident Claims

Tribunal cum Additional District & Sessions Judge, 4th

Fast Track Court, Tomluk, Purba Medinipur, in M.A.C.

Case No. 31 of 2009.

Learned counsel appearing on behalf of the

respondent/Assurance Company submits that the matter

has been settled and the Assurance Company is now

required to pay a further sum of Rs.1,00,000/- to the

claimants as per the award by way of full and final

settlement. It is further submitted that the awarded sum

has already been paid to the claimants.

In the light of the above submission, the

respondent/Assurance Company is directed to pay the

settled amount of Rs.1,00,000/- in the same manner and

proportion as per the award to the claimants' bank

accounts directly within a period of four weeks. The

claimants in the Court below are directed to provide their

bank details along with proof of identity to the Assurance

Company within a period of two weeks and upon receipt

of the same, the Assurance Company is directed to

deposit the settled amount, that is, Rs.1,00,000/- to the

claimants' bank accounts as per award within four weeks

thereafter.

With the aforesaid directions, the instant

appeal is disposed of.

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.)