National Insurance Co. Ltd vs Smt. Rina Chalita & Ors
2021 Latest Caselaw 3421 Cal

S/L 18
25.6.2021
Court No.26
SD
                                  FMAT 613 of 2018
                                       With
                                    CAN 1 of 2018
                               (Old CAN 8450 of 2018)
                                       With
                                    CAN 2 of 2019
                               (Old CAN 4191 of 2019)
                                       With
                                    CAN 3 of 2019
                               (Old CAN 4197 of 2019)
                             (Via Video Conference)

                              National Insurance Co. Ltd.
                                          Vs.
                               Smt. Rina Chalita & Ors.

              Mr. Biplab Guha
                                        ... for the Appellant/Insurance Co.
              Mr. Krishanu Banik
                                        ... for the Respondents/Claimants.

This appeal has been filed by the appellant/Insurance Company against the judgment and award dated April 25, 2018 passed by the learned Judge, Motor Accident Claims Tribunal-cum-Additional District Judge, 2nd Court, Uluberia, Howrah in M.A.C. Case No. 10 of 2014.

Mr. Biplab Guha, counsel appearing on behalf of the appellant/Insurance Company, submits that the matter has been settled with the respondents/claimants and the awarded sum has already been deposited with the Registrar General of this Court under Challan No.839 dated July 16, 2019. Photostat copy of the said challan has produced before this Court today and the same be kept with the record.

Mr. Guha further submits that the statutory deposit of Rs.25,000/- is lying with the Registrar General of this High Court and his client should be permitted to withdraw the same.

In light of the above submission, the claimants/respondents shall furnish particulars of their respective Bank accounts with the Registrar General of this Court as expeditiously as possible. Upon receipt of such details, the Registrar General is directed to pay the deposited amount along with any accrued interest to the claimants/respondents in accordance with law. The Registrar General shall check the veracity of the bank accounts and the identity of the claimants before disbursing the amounts.

Such payment must be made to the claimants within four weeks from the date of receipt of the Bank details from the claimants/respondents.

Registrar General is also directed to return the statutory deposit along with accrued interest to the appellant/Insurance Company, if an approach is made in that behalf.

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.)