Bajaj Allianz General Insurance ... vs Sujata Roy & Ors
2021 Latest Caselaw 3486 Cal

15 29.06.2021                (Via Video Conference)
Sc
                                F.M.A.T 55 of 2018
                                         with
                                I.A. No. CAN 1 of 2018
                              (Old No.CAN 1201 of 2018)
                                         with
                                I.A. No. CAN 2 of 2018
                              (Old No.CAN 1202 of 2018)

                                    --------------

Bajaj Allianz General Insurance Company Limited Vs.

Sujata Roy & Ors.

Mr. Rajesh Singh ...For the Appellant/ Insurance Company Mr. Saidur Rahman ...For the Respondents/ Claimants I.A. No. CAN 1 of 2018 (Old No.CAN 1201 of 2018)

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This is an application for condonation of delay in

filing the instant appeal.

On perusal of the pleadings, this Court is satisfied

that cause shown for delay in filing of the appeal is

sufficient and prayer for condonation of delay should be

allowed.

Accordingly, the application for condonation of

delay stands allowed. The appeal is restored to its original

file and number.

The application for condonation of delay is disposed

of.

F.M.A.T 55 of 2018

The instant appeal has been filed by the

appellant/Insurance Company being aggrieved by the

judgment and award dated September 13, 2016 passed

by the Judge, Motor Accident Claims Tribunal (Addl.

District Judge), Islampur, Uttar Dinajpur in M.A.C. Case

No. 133 of 2015 (CIS MACC 528 of 2015).

By the impugned award, the relevant motor

accident claims tribunal allowed an application and

awarded compensation to be paid to the claimants by

the insurance company together with interest from the

date of presentation of the application.

Mr. Rajesh Singh, counsel appearing on behalf of

the appellant/Insurance Company submits that the

matter has been settled between the parties and the

settled compensation amount i.e., Rs.8,00,000/-(Rupees

eight lakh) has been secured by the Insurance Company

with the Registrar General of this High Court. He also

submits that the respondents/claimants may be directed

to withdraw the entire settled amount from the Registrar

General of this Court.

Mr. Saidur Rahman, counsel is appearing on behalf

of the respondents/claimants and prays for withdrawal of

the entire settled amount of Rs.8,00,000/-(Rupees eight

lakh).

I have heard counsel appearing on behalf of the

parties.

In light of the above submissions the

respondents/claimants are at liberty to withdraw the

settled amount of Rs.8,00,000/- lying with the Registrar

General of this Court along with accrued interest within a

period of four weeks from the date of communication of

this order.

The respondents/claimants shall furnish

particulars of their bank accounts as also proof of identity

with the Registrar General of this Court within two weeks

from date. Upon receipt of such bank details, the

Registrar General is directed to pay the aforesaid amount

with accrued interest, if any, to the

respondents/claimants in the same manner and

proportion as indicated in the judgment and award of the

tribunal within a period of four weeks.

The Registrar General shall check the veracity of

the bank accounts and identity of the claimants before

disbursing the amount.

The registrar General is also directed to return the

balance sum with accrued interest, if any, to the

Insurance Company if an approach in this behalf is made.

The appeal is disposed of. Accordingly the

connected application is also disposed of.

There shall be no order as to costs.

The department is directed to send down the LCR.

Photostat certified copy of this order, if applied for,

be furnished upon compliance of all necessary formalities.

(Shekhar B. Saraf, J.)