Oriental Insurance Co. Ltd vs Abdul Diyan Mondal
2023 Latest Caselaw 2145 Cal

30.03.2023
Ct. No.237
SL No.14

Rup
                                 FMA 1335 of 2007

                              Oriental Insurance Co. Ltd.
                                         Vs
                               Abdul Diyan Mondal

             Mr. Sanjoy Paul.
                          ... For the appellant

                  This appeal has been preferred against the judgment

             passed by Motor Accidental Claims Tribunal Diamond

             Harbour, 24-Parganas (South) in connection with Motor

             Accident Claim Case No. 153 of 2006 whereby learned

             Judge awarded compensation to the tune of Rs. 82,000/-.

                  None appears on behalf of the respondent/claimant

despite service of administrative notice.

Mr. Sanjoy Paul, learned advocate appearing on

behalf of the Oriental Insurance Company Limited is

present and referred to the judgment as well as evidence of

disability certificate issued by Doctor.

The claim arose out of an application under Section

163A of the Motor Vehicle Act on account of injuries

sustained by claimant, Abdul Diyan Mondal in the motor

accident. Evidence was adduced on behalf of the

claimant/insured. Insurance Company contested the

application by filing written statement.

After considering all the evidence on record, learned

Judge passed judgment awarding a sum of Rs.82,000/-

towards medical expenses, pain & suffering and also

considered the 20% disability and finally awarded a sum of

Rs.82,000/-.

On a careful consideration of the entire materials on

record and the judgment, I find no reason to interfere with

the award passed by the learned Tribunal.

Accordingly, this appeal stands dismissed.

It is submitted by Mr. Paul that entire awarded

amount has already been deposited with the office of the

learned Registrar General, High Court, Calcutta.

Department is directed to inform the claimant for

withdrawing the awarded amount with accrued interest

from the office of the learned Registrar General, High

Court, Calcutta.

Registrar General, High Court, Calcutta is requested

to disburse the awarded amount of Rs.82,000/- on

verification and on proof of identification.

Let a copy of this order along with Tribunal records

shall be transmitted back to the learned Tribunal

immediately.

Urgent certified copy of this order, if applied for, be

given to the appearing parties as expeditiously as possible

upon compliance with the all necessary formalities.

(Bibhas Ranjan De, J.)