CIVIL APPEAL 29 of 2006 on 12 December 2006

Ct.02.7No.No.2620211&2akb1&2akb

F.M.A. 789 of 2007WithIA No. CAN 1 of 2007 (Old No. CAN 815 of 2007)Tata AIG General Insurance Co. Ltd.Vs.Mithun GhoshWith F.M.A.T. 1477 of 2007 Mithun GhoshVs.

Raj Kumar Ghosh & Anr.( Via Video Conference )

Mr. Rajesh Singh

…For the Appellant/Insurance Co. and respondent/Insurance Co. in FMAT 1477 of 2007 and respondent/Insurance Co. in FMAT 1477 of 2007

Mr. Jitendra Nath Pal

Ms. Nandini Mukhopadhyay…For the Respondents/Claimants And Appellant/Claimant in FMAT 1477 of 2007

Instant appeal (FMA 789 of 2007) is directedagainst the judgment and award dated December 12, 2006passed by the learned Additional District & Sessions Judge,Fast Track Court, 1[st] Court, Diamond Harbour, South 24Praganas, in MAC Case No. 29 of 2006.

Mr. Rajesh Singh, learned Counsel appearing onbehalf of the appellant Insurance Company, on instructionsubmits in Court today that his client/Insurance Companydoes not wish to pursue the instant appeal any further as thematter has been settled with the claimant/respondent. Hefurther submits that Insurance Company had deposited atotal sum of Rs.1,51,880/- by way of two separate deposits inthe High Court. From the said deposit, claimant has alreadywithdrawn Rs.50,000/- pursuant to the liberty granted by thisCourt.

Now, in terms of the settlement, InsuranceCompany is to get Rs.25,000/- from the Registrar General,and claimant would be entitled to withdraw the entire balance amount together with all accrued interest, kept withthe Registrar General, as full and final settlement.

In the light of the above settlement, theclaimant/respondent shall furnish particular of his bankaccount as also proof of identity with the Registrar Generalof this Court as expeditiously as possible. Upon deposit ofsuch details, the Registrar General is directed to payRs.25,000/- to the Insurance Company and thereafter entirebalance amount with all accrued interest to theclaimant/respondent in accordance with law within a periodof four weeks. The Registrar General shall check theveracity of the bank account and the identity of the claimantbefore disbursing the amount.

FMAT 1477 of 2007

This appeal has been filed separately by theclaimant/respondent in the abovementioned appeal againstthe self same award passed by the learned Judge of theTribunal.

In view of the settlement reached by and betweenthe parties, the learned Advocate for the claimant, uponinstructions, does not wish to proceed with this appeal and,accordingly, it is treated as withdrawn.

With the aforesaid directions, both the appeals aredisposed of.

There shall be no further order as to costs.

In view of disposal of the appeals, all connectedapplications are also disposed of.

below.

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.)