Tripura High Court
For vs For on 4 June, 2021
HIGH COURT OF TRIPURA
AGARTALA
I.A 01 of 2021
In MAC App. No. 08 of 2013 (D/O)
For Applicant(s) : Mr. N. Choudhury, Adv.
For Respondent(s) : None.
HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY
Order
04/06/2021
[1] This is an application moved by Smt. Pramila Devi, one
of the claimant appellants in MAC App. No. 08 of 2013 (D/O) who was
awarded compensation for death of her husband namely Jai Kanwar in a
road traffic accident. She filed claim of compensation for herself and her
minor son Mohit Kanwar at the Motor Accident Claims Tribunal (Court
No. 1), West Tripura, Agartala.
[2] The award passed by the tribunal was challenged
before this court in appeal and this court vide judgment & order dated
13.06.2016 directed as follows:
"6. The appeal is partly allowed. The appellant-insurer
shall now deposit Rs. 26,75,688/- (Rupees Twenty six
lakhs seventy five thousand six hundred eighty eight)
with interest @ 6% per annum from the date of the
claim petition i.e. 01.08.2009 with the Registry of this
Court within 45 days from today for payment to the
claimant-respondents, failing which the rate of
interest payable shall stand enhanced to 9% per
annum from the date of claim petition till payment is
fully made. Out of the aforesaid amount of
compensation, Rs.10,000/- shall be paid to the
claimant No.1, Smt. Pramila Devi for loss of
consortium. The claimant Nos.1 and 2 shall be entitled
to 40% each while the mother of the deceased, Smt.
Sabitri Devi, will receive 20% of the compensation,
i.e. after deducting Rs.10,000/- for payment to the
claimant No. 1 for loss of consortium.
7. It is further ordered that from the 40% share of the
claimant respondent No.1, 40% shall be kept in a
fixed deposit scheme in her name in any nationalized
bank for a period of 5 years, which shall not be
withdrawn without the prior permission of the
Tribunal. The entire share of the minor respondent
No.2 i.e., 40% of the compensation, shall also be kept
in a fixed deposit scheme in his name in any
nationalized bank till the time he attains majority. Out
of the share of the mother of the deceased, 50% shall
be kept in a fixed deposit scheme in her name in any
nationalized bank for a period of 5 years. This amount
shall not be withdrawn without prior permission of the
Tribunal. The respondent No.1 shall be at liberty to
withdraw the monthly interest thereon from the
account of the claimant No. 2 and utilize the same for
the welfare of the minor son. The respondent No.1
and mother of the deceased shall also beat liberty to
withdraw the monthly interest from their fixed deposit
amount for their expenses. The impugned judgment
and award, therefore, stands modified in the manner
and to the extent indicated above. The appellant
insurer shall deposit the entire compensation amount
and the interest due with this Registry."
[3] Smt. Pramila Devi, wife of the deceased has sworn the
affidavit for herself and for and on behalf of her son Mohit Kanwar who is
stated to be a minor.
[4] The judgment of this court in MAC App. No. 08 of 2013
(D/O) has clearly stated in paragraph 7 of the judgment that
compensation awarded to the minor son shall be kept in fixed deposit till
the time he attains majority. Therefore, his share of the compensation
shall not be released until he attains majority. If the fixed deposit
matures before he attains majority the same shall be reinvested in his
name till he attains majority.
[5] Share of the wife as per the said judgment of this court
be released by transferring the same to her bank account. The details
thereof along with authenticated copy of the first page of her individual
passbook be filed in the concerned MACT within 2 (two) weeks from
today for the purpose of transferring her share to her account.
[6] In terms of the above, the I.A is disposed of.
Communicate a copy of this order to the Motor Accident Claims Tribunal
(Court No. 1), West Tripura, Agartala for compliance.
JUDGE
Rudradeep
