FMAT/135/2019
2021 Latest Caselaw 2337 Cal

25.03.2021
rc/ct.no.10
Item No.52& 53


                                FMAT No. 135 of 2019
                                         with
                        CAN 01 of 2019(Old No. CAN/4601/2019)
                                        WITH
                                  COT No. 38 of 2019




                       Mr. Rakesh Singh               ...for the Appellant

                       Mr. Subhankar Mandal           ...for the respondent

This appeal is at the instance of the insurance

company and is directed against a judgment and order

dated November 27, 2018 passed by the Judge, Motor

Accident Claims Tribunal, Additional District & Sessions

Judge, 2nd Court, Raiganj, Uttar Dinajpur in MACC Case

No. 38 of 2017 for Rs. 10,79,716/- along with 6% interest.

The claimant has also filed a cross objection.

The main ground urged in appeal is that an aount of

Rs.3,00,000/- awarded to the injured claimant for his

medical expenses which the claimant had already received

through his mediclaim policy has not been taken into

account in the impugned award. This fact is not disputed

by the claimant. The other points raised in this appeal do

not warrant any consideration.

Accordingly, the appeal and cross objection are

disposed of with a direction upon the claimant through its

Advocate to forward the bank account details of the

claimant to the insurer and the Advocate for the insurance

company forthwith. I further direct that within a fortnight from receiving such bank particulars the insurance

company shall pay the amount of Rs. 7,79,716/- along

with interest on the said sum to be calculated @6% per

annum from the date of filing of their claim application,

directly into the bank account of the claimant.

I also direct the Registrar General to refund the

statutory deposit of Rs. 25,000/- together with the

accretion of interest thereon paid to the appellant

insurance company within 4 weeks from the date of

making the application for refund.

With the aforesaid directions, FMAT No. 135 of 2019

and COT No. 38 of 2019 are disposed of.

Accordingly, CAN 01 of 2019(Old No.

CAN/4601/2019) also stands disposed of.

Urgent certified website copies of this order, if

applied for, be made available to the parties upon

compliance with the requisite formalities.

(Ravi Krishan Kapur,J)