5 vs Akb The New India Assurance Co. ...
2021 Latest Caselaw 3432 Cal

Ct.
No.   25.6                      F.M.A. 1096 of 2009
26    2021                      ( Via Video Conference )
                                 Rebati Simlandi & Ors.
 5                                         Vs.
akb                      The New India Assurance Co. Ltd. & Anr.

             Ms. Sima Ghosh            ...For the Appellants/Claimants

             Mr. Rajesh Singh          ...For the Respondent/Insurance Co.

The Instant appeal is directed against the judgment and award dated February 18, 2008 passed by the learned Judge, Motor Accident Claims Tribunal, First Court, Suri, Birbhum, in M.A.C. Case No. 142 of 2006.

Ms. Sima Ghosh, 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.4,40,000/- 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.4,40,000/-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.

There shall be no further order as to costs. LCR, if any, may be returned back to the Court below.

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.)