Ia No.4/2021 In Mac App. ... vs National Insurance Company Ltd
2021 Latest Caselaw 124 Tri

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                     HIGH COURT OF TRIPURA
                           AGARTALA

             IA No.4/2021 in MAC APP. No.19/2017(D/O)
Smt. Rimi Debnath.
                                                   ............ Applicant(s).
                                   Vs.
National Insurance Company Ltd.
                                                ............ Respondents(s).

For Applicant(s) : Mr. T Saha, Advocate.

For Respondent(s) : Mr. S Lodh, Advocate.

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI

_O_R_D_E_ R_ 05/02/2021

This application is filed by one Rimi Debnath who was one of

the claimants before the Motor Accidents Claims Tribunal claiming

compensation on account of death of her father. The High Court disposed

of the appeal of the insurance company by a judgment dated 19 th July,

2018. As per this judgment, the compensation would be shared equally by

3 claimants, part of which would be invested in fixed deposit for 5 years.

This application is filed for withdrawal of this amount which falls in the

share of the applicant by a premature encashment of the fixed deposit on

the ground that she is now aged about 21 years. She has completed her

education of Diploma in Engineering. She has got admission in B. Tech.

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Course. To meet with the expenditure of higher education she requires

this amount.

In addition to the facts noted above, I may record that the

accident took place in the year 2014. Considering these aspects of the

matter, the applicant would be allowed to withdraw her share by

premature encashment of the fixed deposit. The Registry shall enable the

applicant to do so, however, the payment that the Bank may make shall be

directly digitally made in her Bank account.

Application is disposed of accordingly.

( AKIL KURESHI, CJ )

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