Tripura High Court

Mr. N.Choudhury Adv vs None on 16 July, 2021

                                     1




                    HIGH COURT OF TRIPURA
                          AGARTALA

                             IA 3 of 2021
                    in MAC. App. 01 of 2016(D/O)

For Petitioner(s)        : Mr. N.Choudhury Adv.

For Respondent(s)        : None.

                             BEFORE

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

16/07/2021

[1] By means of filing this Interlocutory Application, the

applicant has sought for some corrections in the order dated 04.06.2021

passed by this court in IA 2 of 2021 arising out of MAC App.No.01 of

2016(D/O). The said order dated 04.06.2021 in IA 2 of 2021 was as

under:

"[1] The claimant appellant Smt. Prema Devi has filed this application for herself and for and on behalf of her son Bhagwan Singh Nagar Koti and daughter Usha Nagar Koti for release of their respective share awarded to them by this court vide judgment and order dated 30.11.2016 in MAC App. No. 01 of 2016 (D/O) arising out of death of Raghubir Singh Nagar Koti

[2] The apportionment of the share of compensation made by this court vide said judgment is as under:

"23. Having held so, the appellants are directed to deposit the awarded sum within a period of 2(two) months from today in the tribunal on deducting the sum as already paid. Distribution of the awarded sum

amongst the respondents No. 1,2 and 3 are concerned, the direction of the tribunal shall remain un-altered and unmodified. For the purpose of averting any sort of ambiguity or confusion, the relevant part of the said judgment and award is extracted hereunder:

"19. From the total amount of compensation that would be ultimately be payable, Rs.50,000/- shall be deducted being compensation for loss of consortium to which only claimant No.1 is entitled. Rs.1,00,000/- shall be further deducted being compensation for loss of care and guidance allowed to claimant Nos. 2 and 3 equally. The balance amount with interest shall be divided into 4(four) units. 2(two) units shall go to the share of claimant No.1 and 2(one) each unit to the shares of claimant Nos.2 and 3. 20. In view of the judgment of the Hon'ble High Court of Tripura rendered in MAC App. No.36 of 2006 between Sri Joydeep Chakraborty and Sri Pintu Sharma and another on 05.12.2013 and communicated to the Tribunal in Tripura with a direction to follow the guidelines laid down therein. It is ordered that out of the share of the claimant No.1 70% of her share shall be kept in fixed deposit in her sole name in any nationalized bank and branch for a period of 10 years to be mentioned by her with IFSC number and the RTGS number duly certified by the banker before making payment. Balance amount shall be paid to her now transferring the amount to her sole savings bank account. 50% share of the claimant Nos. 2 and 3 shall also be kept in fixed deposit in their sole name in any nationalized bank and branch for a period of 5 years each and the bank particulars shall be furnished by them accordingly. Balance amount shall be paid to them now transferring the amount to their sole savings bank account. Claimants shall file two copies of their passport size photograph to be pasted in the Register to be maintained by the Nazir along with their name and address before making payment. 21. No loan or withdrawal shall be permitted from any of the fixed deposits

without the permission of the Tribunal. Claimant Nos. 2 and 3 shall however be at liberty to withdraw the monthly interest from their fixed deposit accounts."

[3] It is fairly submitted by Mr. Nirmal Choudhury, learned counsel appearing for the petitioners that the respective share of their compensation may be released in favour of Smt. Prema Devi and her said son and daughter only after the fixed deposit lying in their names matures to prevent loss of interest accrued on the said investment.

[4] Therefore, the respective share of the petitioners in terms of the said judgment passed by this court in MAC App. No. 01 of 2016 (D/O) may be released in their favour by transferring the same to their individual bank accounts. The details, thereof, shall be furnished by them to the MACT, West Tripura, Agartala along with authenticated copy of the first page of their individual passbook within 2 (two) weeks from today for the purpose of transferring their shares to their accounts.

[5] As submitted by Mr. Choudhury, learned advocate, the share shall be released only on maturity of the fixed deposits made in their names.

[6] In terms of the above, the I.A is disposed of. Communicate a copy of this order to the concerned Motor Accident Claims Tribunal, West Tripura, Agartala for compliance."

[2] Now, it is contended by the claimant appellant that the said

amount of compensation along with statutory deposit of Rs.25,000/- is

lying in fixed deposit in UCO Bank, High Court branch in Registry's

account. The applicant, therefore, seeks for issuing directions to the

Registry of this High Court for releasing the said amount instead of

directing the MACT, Agartala. The relevant extract of the prayer of the

applicant is as under:

"4.(i)That, this Hon'ble Court, vide Order dated 04-06-2021 passed in Case No. I.A. 02 of 2021, allowed the prayer of the petitioners and passed Order that the respective share of the petitioners may be released in their favour by transferring the same to their individual Bank Accounts(mentioned in page No.3, Para No.4, line No.1 to 4).

(ii)That this Hon'ble Court also passed order to furnish the details of the Bank Accounts of the petitioners to the MACT, West Tripura, Agartala (mentioned in page No.3, Para No.4, line No.4 to 8 of the said order).

Copy of Order dt.04-06-2021 in I.A. 02 of 2021 is enclosed herewith and marked as Annexure-A.

5.That, it is needed to be mentioned here that, the above mentioned amount of Rs.5,56,105/- which was kept in Fixed Deposit in the name of the Registrar General, Hon'ble High Court of Tripura and also the statutory deposit amount of Rs.25,000/- is lying under the custody of the Registrar General, Hon'ble High Court of Tripura.

That, as such the petitioners may be directed to furnish details of their Bank Accounts to the Registrar (Judicial), Hon'ble High Court of Tripura instead of MACT, West Tripura, Agartala"

[3] Heard Mr. N. Choudhury, counsel appearing for the

petitioner. On 04.06.2021 when the application of the claimants was

taken up for consideration, it was submitted by the counsel that share of

the compensation might be released in favour of the claimants only

after the fixed deposits in their names would mature with a view to

prevent loss of interest accrued on the said amount. It was submitted by

Mr. Chowdhury that the said deposit would mature shortly and

therefore, it would be appropriate to release the amounts after maturity

of the deposits.

[4] In view of the what is discussed above, respective share of

the petitioners in terms of the judgment passed by this court in MAC

App.No.01 of 2016(D/O) be released in their favour by transferring the