Ahia Hossain & Anr vs Akb The New India Assurance Co. ...
2021 Latest Caselaw 3354 Cal

Ct.
No.   23.6                     F.M.A.T. 629 of 2014
26    2021                      ( Via Video Conference )
                                  Ahia Hossain & Anr.
 10                                        Vs.
akb                      The New India Assurance Co. Ltd. & Anr.

             Mr. Muktakesh Das         ...For the Appellants/Claimants

             Mr. Sanjay Paul           ...For the Respondent/Insurance Co.

On the oral prayer of the learned Counsel appearing on behalf of the appellants, the delay in filing the appeal is condoned. No serious objection has been raised by Mr. Sanjay Paul, learned Counsel appearing on behalf of the Insurance Company/respondent.

The application for of delay is disposed of. The concerned Department is directed to tag the application with the main appeal.

This appeal has been filed by the claimants for enhancement of the amount awarded by judgment and award dated January 25, 2010 passed by the Member of Motor Accident Claims Tribunal, District Judge, Nadia at Krishnagar, in M.A.C. Case No. 602 of 2005.

Mr. Muktakesh Das, learned Counsel appearing on behalf of the appellants/claimants submits that the matter has been settled with the Insurance Company and the Insurance Company is now required to pay an additional sum of Rs.2,25,000/- by way of enhancement. He further submits that he does not wish to pursue this appeal. It is further submitted that the awarded sum has already been paid to the claimants/appellants.

In the light of the above submission, the Insurance Company is directed to pay the enhanced sum of

Rs.2,25,000/-to the claimants' bank account directly within a period of four weeks from the date of receipt of the bank account details of the appellants.

Learned Advocate for the appellants will forward the bank account details of the appellants' within a fortnight from date to the learned Advocate for the Insurance Company. The payment shall be made in the same manner and proportion as decided by the Court below.

With the aforesaid directions the instant appeal is disposed of.

There shall be no further order as to costs. LCR, if any, may be returned back to the Court below.

There shall be no further 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.)