National Ins Co Ltd v. Annabala Ghosh And ORS

26.09.2023 Ct. 654 D/L 226 ab

IN THE HIGH COURT AT CALCUTTA

CIVIL APPELLATE JURIDICTION FMAT (MV) 519 of 2023 With CAN 1 of 2023 National Insurance CO. Ltd.

-VsAnnabala Ghosh & Ors.

Mr. Martanda Pratap Chakraborty ... for the appellant-insurance company Mr.

Martanda Pratap Chakraborty, learned advocate for the appellant-insurance company submits that the claimants have already withdrawn the amount of compensation awarded by the learned Tribunal in the execution proceedings being MACC Execution Case No. 87 of 2023 and as such, the insurance company does not intend to proceed further with the present appeal. He files photocopy of the order passed in MACC Execution Case No. 87 of 2023, which is taken on record.

It is found that in MACC Execution Case No. 87 of 2023, the learned Tribunal has directed the Manager of Kotak Mahindra Bank, 107A, Rash Behari Avenue Branch, Kolkata- 700 029 for disbursing the awarded amount in favour of the claimants.

In the aforesaid background and considering the submissions advanced on behalf of the appellantinsurance company, the appeal being FMAT (MV) 519 of 2023 is dismissed as withdrawn.

Liberty is granted to the insurance company to withdraw the statutory amount along with accrued interest.

All connected applications, if any, stand disposed of.

Interim order, if any, stands vacated.

Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary legal formalities.

( Bivas Pattanayak, J.)