Bijit Das And Another vs New India Assurance Co. Ltd
2021 Latest Caselaw 1301 Tri

                           HIGH COURT OF TRIPURA
                                 AGARTALA
           IA No.03 of 2021 in MAC App. No. 140 of 2013(D.O)
Bijit Das and another
                                                        ............... Applicant(s).
                                        Vs.
New India Assurance Co. Ltd.
                                                       ............... Respondent(s).

For Applicant(s)           :       Mr. Samar Das, Advocate.
For Respondent(s)          :       Mr. A. Gan Chaudhury, Advocate.

             HON'BLE MR. JUSTICE S. G. CHATTOPADHYAY
                                       Order
22/12/2021

The petitioners have filed amended copy of the petition

incorporating the name of Smt. Manti Debnath (Das) and Sri Surajit Das

(minor) in terms of the order dated 12.11.2021 passed in IA No.4 of

2021. The petitioners have claimed disbursement of the share of

compensation awarded to Late Bimalendu Das in MAC App. No.140 of

2013.

[2] Petitioners namely, Sri Bijit Das and Sri Arijit Das filed

TS(MAC) 85 of 2011 before Motor Accident Claims Tribunal (Court No.2),

Agartala along with their father namely, Bimalendu Das seeking

compensation owing to the death of their mother Smt. Ratna Das in a

road traffic accident. The Tribunal passed an award on 01.07.2013 in their

favour. A sum of Rs.10,81,464 along with 9% annual interest thereon was

awarded by the Tribunal in favour of the claimants.

[3] The insurance company filed an appeal against the said award

before this court which was registered as MAC App. 140 of 2013, by

judgment and order dated 28.07.2016 the said MAC Appeal was

dismissed by this court observing as under:

"In my opinion, the aforesaid findings and assessment made by the Tribunal do not suffer from any illegality, and are, as a matter of fact, consistent with the decision of the Apex Court Arun Kumar Agarwal (supra). The impugned award, therefore, does not suffer from any illegality or arbitrariness calling for the interference of this Court.

Resultantly, this appeal has no merit and is accordingly dismissed."

[4] During the pendency of the appeal, the insurance company

deposited the awarded sum of compensation. After the compensation was

deposited by the insurance company, the original claimants filed a petition

before this Court on 01.12.2014 seeking reimbursement of the

compensation in their favour. Said petition was registered as CM

Application 604 of 2014 in MAC Appeal No.140 of 2013. By an order dated

08.01.2015, said CM application No.604 of 2014 was disposed of by this

Court observing as under:

"The learned MACT passed an award of Rs.10,56,464/- in favour of the claimants. This amount is payable to the claimants in equal shares.

The appeal is still pending. Therefore, it is directed that a sum of Rs.1,00,000/- (Rupees One lakh) each shall be paid to each of the claimants by remitting it to their personal Bank accounts details whereof along with photocopies of the first page of the passbook be submitted in the Registry of this Court within 2(two) weeks from today. Remaining amount shall be kept in a fixed deposit for a period of 5 years.

The application is accordingly disposed of."

Accordingly, sum of Rs.1,00,000/- was released in favour of

each of the petitioners in terms of order dated 08.01.2014.

[5] As the remaining amount of compensation was invested in

bank in a term deposit for a period of 5 years in the name of the original

claimants, they could not withdraw the money at that time. However, on

expiry of 5 years, among the 03 original claimants, 02 claimants namely

Bijit Das and his full blooded brother Arijit Das had withdrawn their share

of the compensation after the term deposits were matured. Their father

namely Bimalendu Das who was also a claimant with them in the original

claim petition, died on 12.09.2017 before his share of the compensation

was disbursed in his favour. Therefore, original claimants namely Bijit Das

and Arijit Das who are full blooded brothers filed a petition before this

Court on 22.09.2021 seeking disbursal of his father's share of the

compensation in their favour. In support of their claim they also filed the

death certificate of their father issued by the Birth and Death Registrar of

Kanchannagar Gram Panchayat of Bokafa RD Block, Santirbazar

[Annexure-4] and the Survival certificate issued by the Sub-divisional

Judicial Magistrate (SDM). It was stated in paragraph 6 of the said

petition that after the death of their mother in accident, their father

contracted a second marriage and a son was born within the said wed-

lock of their father.

[6] Now, the surviving wife of Bimalendu Das and their son

namely, Surajit Das have been impleaded in the petition by way of

amendment. They are also entitled to equal share of the sum of

compensation left by late Bimalendu Das.

[7] Mr. Saugat Datta, learned counsel is representing the newly

added petitioners namely, Smt. Manti Debnath(Das) and her son Sri

Surajit Das. I have heard Mr. Datta on the matter. Also heard Mr. Samar

Das, learned advocate appearing for petitioners namely, Sri Bijit Das and

Sri Arijit Das.

[8] In view of the above, Registry is directed to disburse the

share of Bimalendu Das in equal share to the four claimants namely, Sri

Bijit Das, Sri Arijit Das, Smt. Manti Debnath(Das) and her minor son Sri

Surajit Das. The share of the minor son namely, Sri Surajit Das shall be

invested in a term deposit for a period till he attains the age of majority.

The share of other three petitioners shall be disbursed by transferring the

amount to their individual bank account on verification of their identity

within 7th January, 2022. They shall furnish their bank details to the

Registry immediately.

[9] In terms of the above, the I. A is disposed of.

JUDGE

Dipankar