Shyamal Ghosh v. New India Assurance Co. Ltd. And ANR

06.7 F.M.A. 545 of 2011 ( Via Video Conference ) Shyamal Ghosh Vs.

New India Assurance Co. Ltd. & Anr.

Ct.

No.

akb Mr. Krishanu Banik ...For the Appellant/Claimant Mr. Sanjay Paul ...For the Respondent/Insurance Co.

The Instant appeal is directed against the judgment and award dated July 31, 2010 passed by the learned Judge, Motor Accident Claims Tribunal, 3rd Court, Howrah, in M.A.C. Case No. 249 of 2008.

Mr. Krishanu Banik, learned Counsel appearing on behalf of the appellant/claimant submits that the matter has been settled with the Insurance Company and the Insurance Company is now required to pay an additional sum of Rs.2,80,000/- by way of enhancement. He further submits that he does not wish to pursue this appeal. It is further submitted that the awarded sum has already been paid to the claimant/appellant.

In the light of the above submission, the Insurance Company is directed to pay the enhanced sum of Rs.2,80,000/- to the claimant's bank account directly within a period of four weeks from the date of receipt of the bank account details of the appellant.

Learned Counsel for the appellants will forward the bank account details of the appellant within a fortnight from date to the learned Counsel for the Insurance Company. With the aforesaid directions the instant appeal is disposed of. In view of disposal of the appeal, connected application, if any, is also disposed of.

There shall be no further order as to costs.

LCR, if any, may be returned back to the Court below.

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.)