Mousumi Bodhak Alias Bodak & Ors vs Sahriram General Insurance Co. ...
2021 Latest Caselaw 3422 Cal

25.06.2021
  ss
                                  F.M.A.T. 210 of 2021
                                         I.A. No.1 of 2021
                                    ( Via Video Conference )

                            Mousumi Bodhak alias Bodak & ors.
                                            Vs.
                         Sahriram General Insurance Co. Ltd. & anr.


                   Mr. Subhankar Mandal
                                           ...For the Appellants/claimants
                   Mr. Rajesh Singh
                                          ... For the respondents/Insurance Co.

Re : CAN 1 of 2021

On the oral prayer of the learned Counsel

appearing on behalf of the appellants/claimants, the

delay in filing the appeal is condoned. No serious

objection has been raised by Mr. Rajesh Singh, learned

Counsel appearing on behalf of the Insurance Company.

The application for condonation of delay is,

accordingly, disposed of.

Department is directed to tag the application with

the instant appeal.

                                  Re : F.M.A.T. 210 of 2021
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                   This      appeal       has     been       filed     by      the

appellants/claimants for enhancement of the amount

awarded by award and/or judgment dated July 4, 2018

passed by the learned Additional District Judge, Motor

Accident Claims Tribunal, 3rd Court, Howrah in M.A.C.

Case No. 22 of 2013.

Mr. Subhankar Mandal, learned Counsel appearing

on behalf of the appellants/claimants submits that the

matter has been settled with the Insurance Company at

an enhanced amount of Rs.4,20,000/- and the Insurance

Company is now required to pay a further sum of

Rs.4,20,000/- by way of full and final settlement to the

claimants. 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

appellants/claimants.

In the light of the above submission, the

respondent/Insurance Company is directed to pay the

enhanced amount of Rs.4,20,000/- to the claimants'

bank accounts directly. The claimants are directed to

provide their bank details along with proof of identity to

the Insurance Company within a period of two weeks and

upon receipt of the same, the Insurance Company is

directed to deposit the enhanced amount, that is,

Rs.4,20,000/- to the claimants' bank accounts in the

same manner and proportion 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.)