Tripura High Court
For vs For on 3 December, 2021
HIGH COURT OF TRIPURA
AGARTALA
I.A No. 02 of 2021
In MAC App. No. 130 of 2018 (D/O)
For Applicant(s) : Mr. S. Lodh, Adv.
For Respondent(s) : Ms. R. Purkayastha, Adv.
Mr. D.C. Saha, Adv.
HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY
Order
03/12/2021
This I.A has been filed by Smt. Bikarna Laxmi Debbarma, wife
of the deceased and Smt. Shephali Debbarma and Sri Purniram
Debbarma, parents of the deceased who are the original claimants and
respondents No.1, 2 and 3 in MAC App. 130 of 2018(D/O) seeking
disbursement of the amount of compensation awarded by this court by
the judgment and order dated 17.05.2019 passed in said MAC App. 130
of 2018(D/O).
Heard Mr. S. Lodh, learned counsel who appears on behalf of
the said claimant petitioners.
Heard Ms. R. Purkayastha, learned counsel appearing for the
National Insurance Company Ltd. and Mr. D.C. Saha, learned counsel
appearing under the instruction of Mr. K.C. Bhattacharjee, appointed
counsel of the Oriental Insurance Company Ltd.
Perused the record.
By order dated 17.05.2019 passed in the aforesaid appeal, this
court directed as under:
"11. It is a matter of record that the present appellant namely,
National Insurance Company Ltd. has deposited the entire
amount along with interest in terms of the impugned award to
which the claimant was held entitled to.
12. Mr. K. Bhattacharjee, learned counsel for the respondent
No.5 states that 50% of the amount so determined in terms of
the impugned award shall positively be remitted into the bank
account of the claimant within a period of 2 (two) months from
today.
13. Mr. S. Lodh, learned counsel appearing for the claimants
expresses his concern and apprehension of the
statement/order(s) not being complied with but this Court has
no such doubt and is hopeful that the amount shall positively be
remitted within a period of 2 (two) months. However, it stands
clarified that if it so happens then it shall be open for the
claimants to have the entire amount deposited by the present
appellant withdrawn to be recovered from the other insurer
namely, M/S. Oriental Insurance Company Ltd.
14. Copy of the order be supplied to the learned counsel for the
parties.
15. Impugned award dated 03.02.2015 passed by the learned
Sole Member, Motor Accident Claims Tribunal, Gomati District,
Udaipur in Case No.T.S. (MAC) 220/2012 shall stand modified to
the extent indicated above.
16. The appeal stands disposed of. Pending application(s), if
any, also stands disposed of."
It is submitted by Mr. Lodh, learned counsel appearing for the
claimants that in terms of the said order of this court, National Insurance
Company Ltd. has deposited the whole amount of compensation with the
Registry of this court.
It is submitted by Mr. Saha, counsel appearing for the Oriental
Insurance Company Ltd. under the instruction of Mr. K.C. Bhattacharjee,
advocate of the said insurance company that 50% of the said
compensation has been refunded by Oriental Insurance Company Ltd. to
the National Insurance Company Ltd since National Insurance Company
Ltd. has deposited the whole amount in court.
The award of the tribunal dates back to 2015. More than 6(six)
years have elapsed by this time. The claimants are able to manage their
money. Therefore, Registry is directed to reimburse the whole amount of
compensation of the sum of Rs.8,23,000/- along with interest accrued
thereon to the claimants within a period of 12 (twelve) days from today
by transferring the same to the individual bank accounts of the claimants
on verification of their identity and for this purpose the claimants shall
furnish their bank details to the Registry within three days. The mode of
apportionment shall be as per order of the tribunal.
In terms of the above, the I.A is disposed of.
JUDGE
Rudradeep
