The New India Assurance Co. Ltd. v. Sumita Chanda & ORS.

22.8 F.M.A. 4164 of 2014 IA No. CAN 6 of 2022 The New India Assurance Co. Ltd.

-VersusSmt. Sumita Chanda & Ors.

Ct.

No.

akb Mr. Rajesh Singh ...For the Appellant Insurance Co.

Mr. Krishanu Banik ...For the Applicants/ Respondents/Claimants The application, being IA No. CAN 6 of 2022 filed by the applicants/respondents is taken up for hearing. I have heard learned Lawyer appearing for the parties.

It is stated by the applicants/claimants that after the death of her husband, Sanjoy Chanda, the respondent No. 1, Smt. Sumita Chanda married to Sri Subhasis Khan. After her marriage, her name appears in the Aadhaar Card as Sumita Khan Mitra wife of Subhasis Khan. In compliance with the order dated November 08, 2021 passed by a coordinate Bench of this Court, the appellant Insurance Company deposited the awarded amount of money with the learned Registrar General. The proportionate share of the awarded amount of money has already been released in favour of Sohan Chanda, Minor son of the applicant No. 1. The office of the learned Registrar General has prepared the cheque in the name of Sumita Chanda. But, if the cheque is issued to the applicant No. 1 in the name of Sumita Chanda, she may face difficulty in getting the money credited in her account. Under Such circumstances, the applicants submit that the name of the applicant No. 1 be amended as Sumita Khan Mitra, wife of Subhasis Khan.

As it appears from a photocopy of Aadhaar Card, the name of the applicant No. 1 appears in the Aadhaar Card

as Sumita Khan Mitra, wife of Subhasis Khan. The account opened by the applicant No. 1 with the Union Bank of India, stands in the name of Sumita Khan Mitra.

Having heard the learned Lawyer appearing for the parties and on consideration of the documents annexed to the application, I think that the application should be allowed.

Accordingly, the application, being IA No. CAN 6 of 2022 is allowed.

Let the name of the respondent No. 1 appearing in the memorandum appeal and the relevant paper, if any, be amended as Smt. Sumita Khan Mitra, wife of Subhasis Khan. The cheque, if prepared by the office of the learned Registrar General in the name of Sumita Chanda be cancelled.

Learned Registrar General is directed to release the proportionate share of the awarded amount of money to the applicant No. 1, Sumita Khan Mitra within fifteen days from the date of receipt of the file.

Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis upon compliance of all necessary formalities.

( Rabindranath Samanta, J.)