Virtual Court No.2
HIGH COURT OF SIKKIM
Record of Proceedings
MAC App. No.09 of 2019
BRANCH MANAGER, APPELLANT
NATIONAL INSURANCE COMPANY LTD.
VERSUS
KRISHNA BAHADUR KAMI & ANR. RESPONDENTS
Date: 06.07.2021
CORAM:
THE HON'BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE
For Appellant Mr. Thupden Gyatso Bhutia,
Advocate.
For Respondents
R-1 Mr. Manish Kumar Jain, Advocate.
R-2 Mr. Raj Kumar Chettri, Advocate.
ORDER
1. The Learned Motor Accidents Claims Tribunal, South Sikkim
at Namchi (for short, "Learned Claims Tribunal") in MACT Case No.13
of 2018, vide the impugned Judgment dated 30.03.2019, ordered the
Appellant-Insurance Company to pay compensation of Rs.6,61,950/-
(Rupees six lakhs, sixty one thousand, nine hundred and fifty) only, to
the Respondent No.1-Claimant, with interest at the rate of 10% per
annum on the said sum, from the date of filing of the Claim Petition i.e.
04.09.2018 till full and final payment. The Appellant, being aggrieved
by the order, is before this Court.
2. The matter was part heard by this Court on 09.04.2021 and
thereafter on account of the lockdown which ensued, on 02.07.2021.
On the latter date, Learned Counsel for the Appellant sought some
time to clarify a law point that arose, accordingly the matter was fixed
for further hearing today, i.e. 06.07.2021.
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3. When the hearing resumed today, Learned Counsel for the
Appellant submitted that the Appellant does not seek to pursue the
Appeal and is willing to pay the compensation awarded by the Learned
Claims Tribunal, with interest from the date of filing of the Claim
Petition i.e. 04.09.2018 till 30.06.2021, which stands calculated at
Rs.8,20,983/- (Rupees eight lakhs, twenty thousand, nine hundred and
eighty three) only.
4. That, the Appellant undertakes to pay the entire amount
within one month from today. That, in fact, an amount of
Rs.6,61,950/- (Rupees six lakhs, sixty one thousand, nine hundred and
fifty) only, has already been deposited before the Learned Claims
Tribunal, South Sikkim at Namchi, vide Cheque bearing No.030176,
dated 21.08.2019, drawn on Kotak Mahindra Bank, Kolkata.
5. Learned Counsel for the Respondent No.1 and Respondent
No.2 raised no objection to the submissions of Learned Counsel for the
Appellant. Learned Counsel for Respondent No.1 expressed his
willingness to accept the amount calculated by the Appellant viz.
Rs.8,20,983/- (Rupees eight lakhs, twenty thousand, nine hundred and
eighty three) only, and prayed that the amount of Rs.6,61,950/-
(Rupees six lakhs, sixty one thousand, nine hundred and fifty) only,
already deposited by the Appellant as submitted supra, be released to
the Respondent No.1, who is presently suffering on account of his
inability to earn a living.
6. Considered submissions.
7. In view of the fact that the Appellant has opted not to
pursue the Appeal but to pay the compensation of Rs.8,20,983/-
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HIGH COURT OF SIKKIM Record of Proceedings
(Rupees eight lakhs, twenty thousand, nine hundred and eighty three)
only, which is not opposed by the Respondent No.1, let the Appellant
take requisite steps in this context as undertaken by them. Further, the
amount of Rs.6,61,950/- (Rupees six lakhs, sixty one thousand, nine
hundred and fifty) only, be released to the Respondent No.1 forthwith
by the Learned Motor Accidents Claims Tribunal, South Sikkim at
Namchi. The remaining amount of Rs.1,59,033/- (Rupees one lakh,
fifty nine thousand and thirty three) only, be paid by the Appellant to
the Respondent No.1 within a month from today.
8. MAC App. No.09 of 2019 stands disposed of accordingly.
9. Copy of this Order be remitted to the Learned Motor
Accidents Claims Tribunal, South Sikkim at Namchi, for information and
immediate compliance.
Judge 06.07.2021
ml/ds
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