Shanaz Begum @ Saenaja Banu & ORS v. New India Insurance Co.Ltd. & ORS

23.8 F.M.A. 1022 of 2010 Shanaz Begum @ Saenaja Banu & Ors.

Vs.

New India Assurance Co. Ltd. & Ors..

( Via Video Conference ) Ct.

No.

akb Mr. Sk Abu Aotaf Uddin ...For the Appellants/Claimants Ms. Sucharita Paul ...For the Respondent/Insurance Co.

This appeal has been filed by the appellants/claimants for enhancement of the amount awarded by judgment and award dated January 28, 2010, passed by the learned Judge, City Civil Court at Calcutta, Bench - IV, in M.J. Case No. 820 of 2008, in M.A.C. Case No. 820 of 2008.

Mr. Abu Abbasuddin, learned Counsel appearing on behalf of the appellants/claimants submits that the matter has been settled with the Insurance Company and the Insurance Company is now required to pay a further sum of Rs.2,30,000/- by way of enhancement. It is further submitted that the awarded sum has already been received by the appellants/claimants.

Learned Counsel appearing for the Insurance Company is represented and accepts the settlement by and between the claimants and the Insurance Company. In the light of the above submissions, the respondent/Insurance Company is directed to pay a further sum of Rs.2,30,000/- to the appellants/claimants, directly in their bank accounts, within a period of four weeks from the date of receipt of the bank account particulars of the appellants, in the same manner and proportion as decided by the Tribunal.

With the aforesaid directions the instant appeal is disposed of.

There shall be no further order as to costs.

In view of disposal of the appeal, connected application, if any, is also disposed of. The concerned Department is directed to trace out the application and tag the same with this appeal.

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.)