Debashree Mukherjee & Ors vs The New India Assurance Co. Ltd. & ...
2021 Latest Caselaw 4462 Cal

01.09.2021
  ss
                               F.M.A. 355 of 2021
                         I.A. CAN 2 of 2020 (old No.434 of 2020)
                                   ( Via Video Conference )

                             Debashree Mukherjee & ors.
                                         Vs.
                        The New India Assurance Co. Ltd. & anr.


                   Ms. Sima Ghosh
                                           ...For the Appellants/claimants
                   Ms. Sayanti Santra
                                           ... For the respondent No.1/

Insurance Co.

The appeal is directed against the judgment and

order dated February 24, 2012 passed by the learned

Additional District & Sessions Judge cum learned Judge,

Motor Accident Claims Tribunal, 4th Court, Suri, Birbhum

in MAC Case No. 67 of 2011.

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.7,00,000/- by way of enhancement.

She further submits that she does not wish to pursue this

appeal. It is further submitted that the awarded sum has

already been paid to the claimants/appellants.

In light of the above submissions, the Insurance

Company is directed to pay the enhanced sum of

Rs.7,00,000/- to the claimants/appellants' bank

accounts directly within a period of 45 days from the date

of receipt of the bank particulars of the appellants.

Learned Advocate for the appellants will forward the bank

account details of the appellants to the learned Advocate

for the Insurance Company within a period of fortnight

from date. The payment shall be made in the same

manner and proportion as per award after expunging the

name of the appellant no.3, Pusparani Mukherjee, who

has expired on 19.08.2016.

With the aforesaid directions, the instant appeal is

disposed of. There shall be no order as to costs.

In view of the disposal of this appeal, connected

application, if any, is also disposed of. The concerned

Department is directed to tag the application, if any, with

the main appeal.

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.)