Sufala Paida @ Paira & ORS v. Shriram Gen Ins Co Ltd & ANR

Item 30.06.

IN THE HIGH COURT AT CALCUTTA

No.

CIVIL APPELLATE JURISDICTION APPELLATE SIDE Ct FMA 939 of 2021 With IA NO: CAN 1 of 2026 rup CAN 2 of 2026 Sufala Paida alias Paira & Ors.

Vs Shriram General Insurance Co. Ltd. & Anr.

Mr. Rita Bhattacharyya.

... for the appellants/claimants.

Mr. Rajesh Singh ... for the respondent No.1 In Re: CAN 1 of 2026 Learned advocates for the parties are present. This application being CAN 1 of 2026 is taken up for consideration to record the attainment of majority of appellants/claimants no 2 and 3.

The appellants/claimants no.2 and 3 have claimed to have attained majority and the relevant documents have been annexed with this application.

Thus, the application being CAN 1 of 2026 stands allowed.

The appellants/claimants no.2 and 3, Suman Paida alias Paira and Santanu Paida alias Paira be recorded as major in the cause title of the memorandum of appeal.

Department is directed to carry out the

amendment within two weeks.

Accordingly, CAN 1 of 2026 stands disposed of. In Re: CAN 2 of 2026 The instant application being CAN 2 of 2026 is taken up for consideration for recording death of the appelalnt/claimant no.4 i.e Bhupati Paida alias Paira. It is the contention that the appellant no.4 died on 28.02.2020 and a copy of the death certificate is annexed with this application.

Thus, the application being CAN 2 of 2026 stands allowed.

Department is directed to carry out the amendment within two weeks.

FMA 939 of 2021 By consent of the learned advocates the instant appeal being FMA 939 of 2021 is also taken up for hearing.

Upon hearing the learned advocates and considering the facts of the case, this Court is of the view that as both the parties have agreed to settle the case in full and final form by acceptance of compensation of Rs.7,00,000/- by the claimants/appellants and the payments by the respondent no.1/Shriram General Insurance Co. Ltd., no further direction is required in this appeal Accordingly, this appeal being FMA 939 of 2021 should be disposed.

Thus, this appeal is disposed. The judgment and award passed by the Learned Additional District Judge, Re-Designated Court, Paschim Medinipur in M.A.C. Case No. 62 of 2015 stands modified to the extent that the respondent no.1/ Shriram General Insurance Co. Ltd. shall pay the compensation of Rs.7,00,000/- to the appellants/claimants as consolidated amount within eight weeks from the date of communication of this order.

Such compensation amount shall be deposited before the Registrar General, High Court, Calcutta within the said period.

The claimants/appellants are entitled to withdraw the compensation amount upon compliance of necessary formalities.

(Biswaroop Chowdhury, J.)