PRADIP SARKAR Vs. NEW INDIA INSURANCE CO. LTD.
LAWS(CAL)-2021-6-24
HIGH COURT OF CALCUTTA
Decided on June 28,2021

PRADIP SARKAR Appellant
VERSUS
NEW INDIA INSURANCE CO. LTD. Respondents

JUDGEMENT

SHEKHAR B.SARAF, J. - (1.)It appears to this Court that the instant appeal has been filed out of statutory period. Being satisfied with the cause for delay in filing the instant appeal and since counsel appearing on behalf of the respondents/Insurance Company did not oppose, this Court condones the delay in filing the instant appeal and the instant appeal is taken up for hearing.
(2.)This appeal has been filed by the appellant/claimant for enhancement of the amount awarded by judgment and award dated April 30, 2016 passed by the learned Judge, Motor Accident Claims Tribunal, Additional District Judge, 5th Court, Nadia at Krishnagar in M.A.C. Case No. 34 of 2007.
(3.)Mr. Muktakesh Das, counsel appearing on behalf of the appellant/claimant submits that the matter has been settled with the Insurance Company and the Insurance Company is now required to pay a further sum of Rs.4,00,000/- by way of enhancement. He further submits that he does not wish to pursue this appeal and withdraw the same. It is further submitted that the awarded sum has already been paid to the appellant/claimant.
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