Smt. Krishna Bagchi vs The New India Assurance Co. Ltd. & ...
2021 Latest Caselaw 3418 Cal

S/L 15
25.6.2021
Court No.26
SD
                                    FMAT 513 of 2016
                             (Via Video Conference)

                               Smt. Krishna Bagchi
                                       Vs.
                      The New India Assurance Co. Ltd. & Anr.

              Mr. Muktakesh Das
                                        ... for the Appellant/Claimant.
              Mr. Animesh Das
                                    ... for the Respondents/Insurance Co.

It appears to this Court that the instant appeal has been filed out of statutory period. Being satisfied with the cause for delay in filing the instant appeal and since counsel appearing on behalf of the respondent/Insurance Company did not oppose, this Court condones the delay in filing the instant appeal and the instant appeal is taken up for hearing.

This appeal has been filed by the appellant/claimant against the judgment and award dated December 17, 2015 passed by the learned Judge, Motor Accident Claims Tribunal & Additional District Judge, 4th Court, Nadia in M.A.C. Case No. 198 of 2001.

Mr. Muktakesh Das, counsel appearing on behalf of the appellant/claimant 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.5,50,000/-. 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 appellant/claimant.

In the light of the above submission, the respondent/Insurance Company is directed to pay the further sum of Rs.5,50,000/- to the appellant/claimant's 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 appellant/claimant is 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.)