The New India Assurance Co. Ltd vs Khagendra Nath Shit
2024 Latest Caselaw 4739 Cal

Calcutta High Court (Appellete Side)

The New India Assurance Co. Ltd vs Khagendra Nath Shit on 14 September, 2024

Author: Supratim Bhattacharya

Bench: Supratim Bhattacharya

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HIGH COURT AT CALCUTTA
(HIGH COURT LEGAL SERVICES COMMITTEE)

ORDER SHEET
NATIONAL LOK ADALAT, SATURDAY - SEPTEMBER 14, 2024
[Organised by Calcutta High Court Legal Services Authorities Act,
4987 (Central Act}

BENCH NO. IV

Present
Hon'ble Justice Supratim Bhattacharya

&
Mr. Indranath Mukherjee, Learned Advocate

SI}. No. 15
Case No.: FMA 14 of 2014
The New India Assurance Co. Ltd.

Vs.
Khagendra Nath Shit

For the Anpeallan/Claimant Nir, Sanjay Paul
Ms. Jaita Ghosh
Cor the Respondenis/Opposite parties: Mr. Sayak Majumder.
AWARD

Delay in filing the appeal, if any, is condoned in view of the
fact that the parties have amicably gettied the dispute out of court.

Being aggrieved and dissatisfied with the judgment and
award dated 13° May, 2013 passed by the learned Judge, Motor
Accident Claims Tribunal, 49° Bench, City Civil Court at Calcutta,
being MJC Case No. 229 of 2005, the present appeal has been

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oreferred thereby the learned Tribunal has awarded a sum of
Rs.2,00,000/ together with interest @ 8% per annum from the
date of passing of the judgment

During the pendency of the appeal, the parties have arrived
at an amicable settlement. The claimant namely, Khagendra Nath
Shit is entitled to receive Rs.3,00,000/- as full and final settlement.
As he has already received Rs.1,00.000/- so now he has entitled to
receive further sum of Rs.2,00,000/-. The insurance company, the
New India Assurance Company Lic. has already deposited a sum
of Rs.2.00,000/- so if any amount accrues including interest then
the amount in addition to Rs.2,00,000/- shall be refunded to the
insurance company. If the amount deposited by the Insurance
company including the accrued interest amount does not reach the
arnount of Rs.2,00,000/- then in that case the insurance company
is to deposit the remaining amount within four weeks from date.

it is directed that the respondent no.i will submit Bank

details to the learned Registrar General of this Court within a period of two weeks fram the date of communication of this order, who after receiving the Bank details will disburse the said amount in favour of the respondent no.1 upon proper verification and identification and in the same mode and manner as mentioned in the order of the Tribunal or through RTGS/NEFT provided Bank details are furnished by the respondent no.1 within four weeks from the date of receipt of the Bank details.

The TCR, if any, be returned to the concerned Count with a copy of this Award. Concerned official of the Registry ts directed to take appropriate steps af ance.

With the above observations and directions, the appeal is disposed of. . ;

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This order be made part of the record.

This order be supplied to the parties free of cost.

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(ndranath Mukherjee, ha. Advocate) {Supratim Bhattacharya, J.) Date: 14.09.2024