THE HIGH COURT OF SIKKIM : GANGTOK
(Civil Appellate Jurisdiction)
DATED : 19th June, 2023
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SINGLE BENCH : THE HON'BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE
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MAC App. No.01 of 2023
0
Appellant : The Branch Manager, National Insurance Co. Ltd.
versus
Respondents : Prayag Prasad and Others
Application under Section 173 of the Motor Vehicles Act, 1988
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Appearance
Mr. Thupden G. Bhutia, Advocate for the Appellant.
Ms. Vidya Lama and Mr. Nima Tshering Sherpa, Advocates for the
Respondents No.1 and 2.
Mr. Romit Gurung, Advocate for the Respondents No.3.
Mr. Sishir Mothay, Advocate for the Respondent No.4.
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O R D E R (O R A L)
Meenakshi Madan Rai, J.
1. Heard Learned Counsel for the parties.
2. I.A. No.01 of 2023 is an application filed by the
Appellant, seeking withdrawal of MAC Appeal No.01 of 2023. It is
submitted but Learned Counsel for the Appellant that the Appellant
does not seek to pursue the matter. Further, the Appellant
undertakes to pay the compensation amount, as awarded in the
impugned Judgment, dated 28-07-2022, by the Learned Motor
Accident Claims Tribunal, East Sikkim, at Gangtok, in MACT Case
No.07 of 2020, in Prayag Prasad and Another vs. Raj Kumar Prasad
and Others. That, the compensation to the Respondents No.1 and
2, shall be paid within a period of one month from today.
MAC App. No.01 of 2023
The Branch Manager, National Insurance Co. Ltd. vs. Prayag Prasad and Others 2
3. The prayer for withdrawal and payment of
compensation within a period of one month is not opposed by
Learned Counsel for the Respondents No.1 and 2, and Respondents
No.3 and 4.
4. The Appellant shall as undertaken pay the
compensation to the Respondents No.1 and 2, within a period of
one month from today, with interest @ 9% per annum, failing
which the interest rate shall be raised to 12% per annum, from the
date of filing of the Claim Petition i.e., 13-02-2020, till full
realization, duly deducting the amounts, if any, already paid by the
Appellant to the Respondents No.1 and 2.
5. I.A. No.01 of 2023 also stands disposed of accordingly,
as also the Appeal.
6. Copy of this Order be transmitted to the Learned
Claims Tribunal along with its records.
( Meenakshi Madan Rai ) Judge 19-06-2023
Approved for reporting :Yes
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