The court upheld the agreement of the Appellant to withdraw the appeal and settle the compensation amount without opposition, confirming the claimant's right to receive the awarded sum.

JUDGMENT

1. The Learned Motor Accidents Claims Tribunal, South Sikkim at Namchi (for short, “Learned Claims Tribunal”) in MACT Case No.13 of 2018, vide the impugned Judgment dated 30.03.2019, ordered the Appellant-Insurance Company to pay compensation of Rs.6,61,950/- (Rupees six lakhs, sixty one thousand, nine hundred and fifty) only, to the Respondent No.1-Claimant, with interest at the rate of 10% per annum on the said sum, from the date of filing of the Claim Petition i.e. 04.09.2018 till full and final payment. The Appellant, being aggrieved by the order, is before this Court.

2. The matter was part heard by this Court on 09.04.2021 and thereafter on account of the lockdown which ensued, on 02.07.2021. On the latter date, Learned Counsel for the Appellant sought some time to clarify a law point that arose, accordingly the matter was fixed for further hearing today, i.e. 06.07.2021.

3. When the hearing resumed today, Learned Counsel for the Appellant submitted that the Appellant does not seek to pursue the Appeal and is willing to pay the compensation awarded by the Learned Claims Tribunal, with interest from the date of filing of the Claim Petition i.e. 04.09.2018 till 30.06.2021, which stands calculated at Rs.8,20,983/- (Rupees eight lakhs, twenty thousand, nine hundred and eighty three) only.

4. That, the Appellant undertakes to pay the entire amount within one month from today. That, in fact, an amount of Rs.6,61,950/- (Rupees six lakhs, sixty one thousand, nine hundred and fifty) only, has already been deposited before the Learned Claims Tribunal, South Sikkim at Namchi, vide Cheque bearing No.030176, dated 21.08.2019, drawn on Kotak Mahindra Bank, Kolkata.

5. Learned Counsel for the Respondent No.1 and Respondent No.2 raised no objection to the submissions of Learned Counsel for the Appellant. Learned Counsel for Respondent No.1 expressed his willingness to accept the amount calculated by the Appellant viz. Rs.8,20,983/- (Rupees eight lakhs, twenty thousand, nine hundred and eighty three) only, and prayed that the amount of Rs.6,61,950/- (Rupees six lakhs, sixty one thousand, nine hundred and fifty) only, already deposited by the Appellant as submitted supra, be released to the Respondent No.1, who is presently suffering on account of his inability to earn a living.

6. Considered submissions.

7. In view of the fact that the Appellant has opted not to pursue the Appeal but to pay the compensation of Rs.8,20,983/- (Rupees eight lakhs, twenty thousand, nine hundred and eighty three) only, which is not opposed by the Respondent No.1, let the Appellant take requisite steps in this context as undertaken by them. Further, the amount of Rs.6,61,950/- (Rupees six lakhs, sixty one thousand, nine hundred and fifty) only, be released to the Respondent No.1 forthwith by the Learned Motor Accidents Claims Tribunal, South Sikkim at Namchi. The remaining amount of Rs.1,59,033/- (Rupees one lakh, fifty nine thousand and thirty three) only, be paid by the Appellant to the Respondent No.1 within a month from today.

8. MAC App. No.09 of 2019 stands disposed of accordingly.

9. Copy of this Order be remitted to the Learned Motor Accidents Claims Tribunal, South Sikkim at Namchi, for information and immediate compliance.