CIVIL APPEAL None on 9 December 2017

Ct.05.10No.No.2620213akb3akb

F.M.A. 416 of 2018HDFC ERGO General Insurance Co. Ltd.Vs.Smt. Rama Majumdar & Ors.( Via Video Conference )

Mr. Rajesh Singh Mr. Ashique Mondal

…For the Appellant/Insurance Co.

…For the Respondents/Claimants

Re.: IA No. CAN 4 of 2019(Old No. CAN 4281 of 2019)(Modification)

Since the original application is not found in thefile, photostat copy of the application for modification istaken on record by treating the same as original one.

Mr. Rajesh Singh, learned Counsel appearing onbehalf of the appellant/Insurance Company submits that oneof the claimant, being claimant No. 3 did not collect hischeque from learned Tribunal as per order dated December09, 2017 passed by the National Lok Adalat. He furthersubmits that the respondent No. 3 is suffering from certainmedical disability and is accordingly not be able to approachthe Tribunal for collecting the cheque. He submits that theInsurance Company is ready and willing to transmit the sumthrough NEFT/RTGS directly to the bank account of therespondent No. 3.

Learned Counsel for the respondents/claimants ispresent in Court today and is ad idem with the submissionsmade by Mr. Rajesh Singh.

In the light of the above submissions, the InsuranceCompany is directed to transmit the awarded sum directly byway of NEFT/RTGS to the bank account of theclaimant/respondent No. 3.

Upon making such payment to theclaimant/respondent No. 3, the Insurance Company is givenliberty to withdraw the cheque issued in favour of therespondent No. 3 lying with the said Tribunal.

Accordingly, the application for modification,being IA No. CAN 4 of 2019 (Old No. CAN 4281 of 2019)stands disposed of.

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.)