The United Ins Co Ltd v. Parsona Sekh & ORS

08.03.2021 tkm/ct 10.

Sl. 86 FMAT 1179 of 2019 CAN 1 of 2019 (Old CAN 11403 of 2019) In re : The United India Insurance Co. Ltd. ... appellant Mr. Sanjay Paul .....for the appellant Mr. Amit Ranjan Roy .....for the claimant/respondent The grievance of the appellant is directed against an order dated 17th September 2019 passed by the Judge, MAC Tribunal, Fast Track 1st Court, Purba Bardhaman in MACC case no. 12 of 201/ Old NO. 65/2014 (Parsona Seikh vs Raj Krishna Roy & Ors.) under section 166 of the Motor Vehicles Act 1988. It appears from the impugned order that the appellant was awarded an amount of Rs. 6,84,000/-.

Pursuant to direction of this Court, the appellant has furnished instruction and is ready and willing to pay a sum of Rs. 3,83,000/- along with interest @ 6% p.a. from the date of filing of the claim petition till the date of payment. This is unconditionally accepted by the claimants/respondents. In view of the aforesaid settlement by and between the parties this appeal being FMAT 1179 of 2019 is disposed of by directing the appellant/insurance company to pay a sum of Rs. 3,83,000/- along with interest @ 6% p.a. from the date of filing of the claim petition till the date of payment in equal share to the

respondent no. 1 viz Parsona Seikh and proforma O.P no. 2, Sk. Manirul Haque @ Sk. Manirul.

The aforesaid payment should be made directly to the bank account of the claimants-respondents by 15th April 2021. The bank account details of the claimants/respondents should be forwarded to the Advocate for the insurance company within a fortnight from date.

On payment of the same the insurance company is at liberty to withdraw the statutory deposited amount of Rs. 25,000/- lying with the Registrar General of this Court along with accrued interest thereon.

With the aforesaid direction, FMAT 1179 of 2019 is disposed of without any order as to costs.

In view of the disposal of the appeal itself, the connected application being CAN 11403 of 2019 also stands disposed of. Urgent certified copy of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

( Ravi Krishan Kapur, J. )