CIVIL APPEAL 462 of 2003 on 13 July 2004

Ct.07.7No.No.2620212akb2akb

F.M.A. 2355 of 2004

WithIA No. CAN 1/ 2004 (Old No. CAN 10781 of 2004)WithIA No. CAN 2/ 2013 (Old No. CAN 11894 of 2013)With

C.A.N. 3/ 2021

( Via Video Conference )Mst. Karimanessa Bibi

Vs.

The New India Assurance Co. Ltd.

Mr. Krishanu Banik

…For the Appellant/Claimant

Mr. Saibalendu BhowmickMr. Biplab Guha

…For the Respondent/Insurance Co.

The Instant appeal is directed against the judgmentand award dated July 13, 2004 passed by the learned Judge,Motor Accident Claims Tribunal, 3[rd] Court, PaschimMedinipur, in M.A.C. Case No. 462 of 2003.

Mr. Krishanu Banik, learned Counsel appearing onbehalf of the appellant/claimant submits that the matter hasbeen settled with the Insurance Company and the InsuranceCompany is now required to pay an additional sum ofRs.1,70,000/- by way of enhancement. He further submitsthat he does not wish to pursue this appeal. It is furthersubmitted that the awarded sum has already been paid to theclaimant/appellant.

In the light of the above submission, the InsuranceCompany is directed to pay the enhanced sum ofRs.1,70,000/- to the claimant’s bank account directly withina period of four weeks from the date of receipt of the bankaccount details of the appellant.

Learned Counsel for the appellant will forward thebank account details of the appellant within a fortnight fromdate to the learned Counsel for the Insurance Company.

With the aforesaid directions the instant appeal isdisposed of. In view of disposal of the appeal, all connectedapplications, if any, are also disposed of. The concernedDepartment is directed to trace out the applications and tagthe same with this appeal.

below.

There shall be no further order as to costs.

LCR, if any, may be returned back to the Court Urgent photostat certified copy of this order, ifapplied for, be given to the parties, upon compliance of allformalities, on priority basis.

( Shekhar B. Saraf, J.)