Iffco Tokio General Insurance Co. ... vs Astik Das & Anr
2021 Latest Caselaw 4762 Cal

S/L 9
13.9.2021
Court No.26
SD
                                   FMA 652 of 2021
                                        With
                                     CAN 1 of 2018
                                (Old CAN 6639 of 2018)
                                (Via Video Conference)

                            Iffco Tokio General Insurance Co. Ltd.
                                              Vs.
                                       Astik Das & Anr.


              Mr. Rajesh Singh
                                            ... for the Appellants/Insurance Co.
              Ms. Sima Ghosh
                                           ... for the Respondents/Claimants.

Instant appeal is directed against the judgment and award dated April 10, 2018 passed by the learned Additional District & Sessions Judge, Motor Accident Claims Tribunal, 4th Court, Suri, Birbhum in MAC Case No. 69 of 2016.

Mr. Singh, counsel appearing on behalf of the appellant/insurance Company, on instruction submits in Court today that his client/Insurance Company does not wish to pursue the instant appeal any further as the matter has been settled with the claimant/respondent. He further submits that the insurance company had deposited the statutory amount of Rs.25,000/- in the High Court.

Now, in terms of the compromise, Insurance Company is to pay a onetime consolidated payment of Rs.10,50,000/- to the claimant. Upon making the said payment, insurer would be entitled to withdraw the statutory amount of Rs.25,000/- together with accrued interest, kept with the Registrar General. Ms. Sima Ghosh, counsel appearing for the claimants/respondents, agrees to the above terms.

In light of the above settlement, the claimants/respondents shall furnish particulars of her bank

accounts to the counsel for the insurance company within two weeks from date. Insurer is directed to pay Rs.10,50,000/-, within a period of four weeks from the date of receiving the bank details, directly into the bank account of claimant through NEFT/RTGS.

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 applications, if any, are also disposed of.

The Registry is directed to send down the lower court records at once, if received by this time.

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.)