Tripura High Court
Unknown vs High Court Of Tripura on 4 June, 2021
Page 1 of 3
HIGH COURT OF TRIPURA
AGARTALA
IA No. 01/2021
in MAC App. No.62/2010(D/O)
For Applicant(s) : Mr. T.D. Majumder, Sr. Advocate.
For Respondent(s): None.
THE HON'BLE MR. JUSTICE S. G. CHATTOPADHYAY
ORDER
04/06/2021
1] This is an application for release of the respective share
of the petitioners of the compensation awarded to them vide
judgment and order dated 29.07.2015 passed by this Court in MAC
App. No.62 of 2010 arising out of the death of the Md. Malu Mia,
husband of claimant-petitioner, Smt. Surjya Devi Jamatia (Begam)
and father of Smt. Mausumi Aktar.
2] The said petition has been filed by Smt. Surjya Devi
Jamatia (Begam) who has sworn an affidavit on 16.04.2021 in
support of her claim for release of the compensation in favour of
her and her daughter, Smt. Mausumi Aktar who has attained
majority by this time.
3] It is ascertained from the record that vide said order
dated 29.07.2015 in MAC App. No.62/2010 this Court enhanced
the award from Rs.4,51,500/- to Rs.11,20,000/- by observing as
under:
"[11] In view of the above discussion, the award is
enhanced from Rs.4,51,500/- to Rs.11,20,000/- i.e. by
Rs.6,68,500/- The claimant shall also be entitled to
interest on the enhanced sum of Rs.6,68,500/- @ 7.5%
per annum from the date of filing of the claim petition
till deposit of the amount. The insurance company i.e.
the National Insurance Company Ltd. is directed to
deposit the enhanced amount of compensation along
with proportionate interest thereupon in the Registry of
this Court within four months from today. Obviously, the
insurance company shall be entitled to adjust the
amount(s), if any, which it has already paid or
deposited."
4] There were four claimant-appellants in the said appeal
including Smt. Gunai Bibi, mother of the deceased and Sri Adam
Ali, father of the deceased. Both of them are stated to have died.
Photocopy of their death certificates have been filed. According to
the death certificates, Gonai Bibi died on 10.05.2019 at the age of
70 years and her husband Adam Ali died on 27.02.2011.
5] It is submitted by Mr. T. D. Majumder, learned Sr.
advocate that none of them have left behind any legal heirs other
than Smt. Surjya Devi Jamatia (Begam) and Smt. Mausumi Aktar
to be entitled to the share of their compensation. Learned Sr.
counsel therefore, urges the Court to release the entire amount
which has been lying in the fixed deposit in the name of petitioner
namely, Smt. Surjya Devi Jamatia (Begam) and her daughter, Smt.
Mausumi Aktar.
6] It could not be ascertained from the said judgment of
this Court what is the apportionment of the compensation among
the four appellants and whether the share of the deceased parents
of Late Malu Mia has been invested separately in their name.
7] In these circumstances, Registry is directed to submit a
report clarifying as follows:
(i) The amount deposited by the insurance company
in terms of the award passed by this Court in MAC App.
No.62/2010.
(ii) The principal amount invested in the name of the
claimants and date of such investments (photocopies of
certificates shall also be placed on record).
(iii) Whether any amount has been invested in the
name of the parents of Late Malu Mia and if so, the
amount thereof. (photocopies, if any, shall also be
placed on record).
List the matter on 23.06.2021.
JUDGE
Dipankar
