Khairul Gharami & Ors vs Habi Sk & Anr
2021 Latest Caselaw 3387 Cal

S/L 13
24.6.2021
Court No.26
SD
                                   FMAT 512 of 2016
                             (Via Video Conference)

                                 Khairul Gharami & Ors.
                                          Vs.
                                     Habi Sk & Anr.

              Mr. Muktakesh Das
                                         ... for the Appellants/Claimants.
              Mr. Rajesh Singh
                                    ... for the Respondents/Insurance Co.

This appeal has been filed by the appellants/claimants for enhancement of the amount awarded by judgment and award dated January 14, 2016 passed by the learned Additional District Judge, Motor Accident Claims Tribunal, 5th Court, Nadia at Krishnagar in M.A.C. Case No. 189 of 2012.

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 a further sum of Rs.2,50,000/- by way of enhancement. He further submits that he does not wish to pursue this appeal and withdraw the same. It is further submitted that the awarded sum has already been paid to the appellants/claimants.

In the light of the above submission, the respondent/Insurance Company is directed to pay the enhanced sum of Rs.2,50,000/- to the appellants/claimants' bank accounts directly within a period of four weeks from the date of receipt of the bank details in the manner and proportion as provided in the award.

The respondents/claimants are directed to provide their bank details to the Insurance Company within a period of two weeks from date.

With the aforesaid directions, the instant appeal is disposed of.

There shall be no 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.)