WP(C)/8215/2017 of X X X X Vs THE DEPUTY COMMISSIONER and 4 ORS. on 22 December 2017

WP(C) 8215/2017BEFOREHON’BLE MR. JUSTICE HRISHIKESH ROY

The petitioner while driving his scooter on 27.11.2008 was hit by a truck near Jagiroad and he suffered extensive physical disability. Accordingly, a claim was filed under Section 166 of the Motor Vehicles Act, 1988 leading to the registration of the MAC Case No.702/2009. As the concerned truck was insured withM/s Oriental Insurance Company Ltd., they were arrayed as respondent No.3 in the case. 2.The above case was disposed of on 01.12.2016 and the learned Court quantified the compensation at Rs.6,80,303/- and the Oriental Insurance Company was directed to disburse the compensation within a month.

3. However, the awarded sum was not paid within time and accordingly recovery proceeding was initiated under the Bengal Public Demands Recovery Act, 1913 and this led to the registration of the Bakijai Case No.23/2017 (MACT). The certificate debtor appeared before the Bakijai Officer on 26.05.2017 and requested for time to prepare the cheque to pay the awarded compensation, to the claimant.4.However, on the next two dates the insurance company failed to appear inthe Bakijai Court and accordingly the aggrieved claimant, who remains unnamed for his HIV status, has approached the Court for a direction on the Bakijai Officer, to conclude the proceeding in the Bakijai Case No.23/2017 (MACT), so that the awarded compensation can be received by the claimant.5.Considering the nature of the case, Mr. D. Nath, the learned Addl. Sr. Govt. advocate submits that instead of keeping the writ petition pending, the same can be disposed of by directing the Bakijai Court to expeditiously conclude the pending case. This is also the submission of Mr. A. Lal, the learned counsel for the claimant.6.In view of the above consensus, direction is issued for disposal of the Bakijai Case No.23/2017 (MACT) within 8(eight) weeks from intimation of this order. The petitioner should inform the authority for the necessary action. A copy of this order be also furnished to Mr. D. Nath, the learned Govt. advocate for necessary communication.

7. With the above order, the case stands disposed of. No cost.