For vs For
2021 Latest Caselaw 1209 Tri

                            HIGH COURT OF TRIPURA
                                  AGARTALA

                              I.A. No. 03 of 2021
                    In MAC App. No. 39 of 2014 (D/O)

For Applicant(s)        :     Mr. S. Datta, Adv.

For Respondent(s)       :     None.

HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY Order

06/12/2021

This is an application for disbursement of compensation in

favour of petitioner Gautam Debnath who is one of the original claimants

in TS (MAC) 38 of 2012 in which the award dated 03.06.2013 was passed

by the tribunal. Against the order of the tribunal, the insurance company

preferred an appeal in this court which was registered as MAC App. No.

39 of 2014 (D/O). The said MAC App. was decided by this court by

judgment and order dated 26.03.2018. Relevant extract of the said

judgment is as under:

"7............................In that reason, the total compensation would come to Rs. 7,51,800/-. The said amount shall carry interest @ 7% per annum from the date of filing i.e. 24.02.2012, but the penal interest as determined by the tribunal stands interfered with. The appellant is directed to deposit the said amount within a period of one month to the tribunal below after deducting the amount, if any, the appellant has deposited by now. The amount shall be maintained or disbursed in terms of direction as would follow. Out of the said amount, 40% of the total compensation would be disbursed to the claimant-respondent no.1 and 30% each shall be maintained in a fixed deposit for each of the claimant-respondents no. 2 and 3 in a nationalized bank for a period till the respondents no. 2 and 3 attained majority."

In terms of the said order, a sum of Rs.2,75,876/- was

invested in a term deposit for 31 months 21 days in the name of the

petitioner.

It is submitted by Mr. S. Datta, learned advocate that claimant

Gautam Debnath who was a minor at the time when the appeal was

decided has now attained majority. The petitioner has annexed his birth

certificate dated 29.10.2003 to the petition which demonstrates that date

of birth of the petitioner is 14.09.2003. Counsel, therefore, submits that

the petitioner has already attained majority and the fixed deposit has also

matured by this time. Counsel, therefore, urges the court to release the

amount in favour of the petitioner.

Considered the submissions of Mr. Datta, learned advocate.

Perused the record.

Registry will release the said amount along with interest

accrued thereon in favour of petitioner Gautam Debnath by transferring

the same into his individual bank account on verification of his identity

within a period of 12 (twelve) days. The petitioner will furnish his bank

details with the Registry within 5 (five) days.

In terms of the above, the I.A. is disposed of.

JUDGE

Rudradeep