Akb vs New India Assurance Co. Ltd. & Anr
2021 Latest Caselaw 3431 Cal

Ct.
No.   25.6                     F.M.A.T. 851 of 2011
26    2021                        ( Via Video Conference )

 7                              Smt. Parwati Devi & Anr.
akb                                        Vs.
                           New India Assurance Co. Ltd. & Anr.

             Mr. Krishanu Banik         ...For the Appellants/Claimants

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

The Instant appeal is directed against the judgment and award dated January 11, 2011 passed by the learned Judge, Motor Accident Claims Tribunal, 3rd Court, Burdwan, in M.A.C. Case No. 17 of 2007.

Mr. Krishanu Banik, 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.2,60,000/- 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.2,60,000/-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.

In view of the disposal of this appeal, connected application, IA No. CAN 1 of 2021 is also disposed of. The concerned Department is directed to trace out the application and tag the same with this appeal.

There shall be no further order as to costs.

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.)