The National Insurance Co Ltd v. Sabina Begum & ORS

17.06.2021 ss F.M.A.255 of 2021 ( Via Video Conference ) The National Insurance Co. Ltd.

Vs.

Sabina Begum & ors.

Mr. Sanjay Paul ...For the Appellants/Insurance Co.

Mr. Subhankar Mandal ... For the respondents/claimants This appeal has been filed against the award and/or judgement dated December 16, 2019 passed by the learned Additional District Judge, 2nd Court, Motor Accident Claims Tribunal, Uluberia, Howrah in M.A.C. Case No. 29 of 2017. Mr. Sanjoy Paul, learned Counsel appearing on behalf of the appellants/Insurance Company submits that the matter has been settled with the claimants at an amount of Rs.10,00,000/- by way of full and final settlement. He further submits that he does not wish to pursue this appeal and withdraw the same.

In the light of the above submission, the Insurance Company is directed to pay the settled amount of Rs.10,00,000/- to the claimants' bank accounts directly. The claimants are directed to provide their bank details along with proof of identity to the Insurance Company within a period of two weeks and upon receipt of the same, the Insurance Company is directed to deposit the settled amount,

that is, Rs.10,00,000/- to the claimants' bank accounts in the same manner and proportion as per award within four weeks thereafter.

The statutory amount of Rs.25,000/- deposited with the Registrar General of this Hon'ble Court may be withdrawn by the Insurance Company upon showing proof of payment of Rs.10,00,000/- to the respondents/claimants. The Registrar General is directed to refund the amount to the Insurance Company within a period of ten days from the date of submission of particulars of proof of payment made to the claimants/respondents.

With the aforesaid directions, the instant appeal is disposed of.

There shall be no further order as to costs.

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.)