Tripura High Court
Mr. Rajib Saha vs Mr. A.Ganchoudhury on 9 July, 2021
HIGH COURT OF TRIPURA
AGARTALA
IA 1 of 2021
In MAC App. 142 of 2013
BEFORE
HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY
For Petitioner(s) : Mr. Rajib Saha, Adv.
For Respondent(s) : Mr. A.Ganchoudhury, Adv.
ORDER
09.07.2021
[1] Owing to the death of Rajkumar Das in a road traffic
accident on 12.12.2011, compensation was awarded to his wife
Kalpana Das, son Swapan kumar Das and another son Gautam Das
by the jurisdictional Motor Accident Claims Tribunal vide judgment
and award dated 19.07.2013 in T.S (MAC)226 of 2012 which was
challenged by the insurer before this court in MAC Appeal No.142
of 2013 and the said appeal was disposed of by this court by
judgment dated 28.09.2016 fixing the amount of compensation at
Rs.7,05,072 along with 9% annual interest thereon from 22/05/2012
and with regard to disbursement of the amount of compensation, it
was directed by this court as under:
"6. The result of the foregoing discussion is that the
entire amount of compensation shall be deposited by
the appellant-insurer with the Registry of this Court
within 2(two) months from the date of receipt of this
judgment. Needless to say, the amount already
paid/deposited by the appellant-insurer shall be
adjusted accordingly. Out of the enhanced amount of
compensation so awarded with the interest accrued
thereon, the claimant-respondent No.1(Smt. Kalpana
Das) will be entitled to 40%, while the claimant-
respondent No.2(Sri Swapan Kumar Das) and the
claimant-respondent No.3(Sri Goutam Das) will be
entitled to 30% each. As and when the amount is
deposited, the same shall be released to the claimant-
respondents after satisfying the usual formalities
without further reference to this Court. The impugned
judgment and award stands modified to the extent and
in the manner indicated above."
[2] It is stated by the applicants that Swapan Kumar Das,
one of the sons of deceased Rajkumar Das who was impleaded as
claimant respondent No.2 in the appeal before this court has died
before release of his share. Therefore, his wife Gita Rani Das, son
Swapan Kumar Das and mother Kalpana Das has approached this
court for release of the share of deceased Swapan Kumar Das in their
favour.
[3] Survival certificate dated 14.11.2019 issued by the Sub-
divisional Magistrate, Jirania goes to show that said Swapan Kr.Das
is survived by his wife Gita Rani Das, son Suman Das and mother
said Smt. Kalpana Das. In MAC Appeal No. 142 of 2013, it was
decided by this court that Swapan Kumar Das would be entitled to
30% share of the compensation awarded by this court in the said
appeal. Therefore, the said share of late Swapan Kumar Das be
released in equal share to his wife, son and mother, as aforesaid,
within a period of 10 days.
[4] Registry will take necessary action for disbursement of
the said amount by transferring the same to the individual bank
accounts of the claimant petitioners after proper verification of their
identity.
In terms of the above, this IA is disposed of.
JUDGE
Saikat Sarma, PA
