Tripura High Court
Mr. T.D. Majumder vs None on 23 June, 2021
HIGH COURT OF TRIPURA
AGARTALA
IA 1 of 2021
in MAC App. 62 of 2010
For the Petitioner(s) : Mr. T.D. Majumder, Sr. Advocate.
For the Respondent(s) : None.
BEFORE
HON'BLE MR. JUSTICE S.G.CHATTOPADHYAY
ORDER
23.06.2021
[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 Debi
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:
IA 1 of 2021
in MAC App. 62 of 2010
"[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.
IA 1 of 2021
in MAC App. 62 of 2010
[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 view of the above, vide order dated 04.06.2021, the
Registry was directed to submit a report clarifying as under:
(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).
[8] Pursuant to the said order it is reported by the Registry
that after MAC Appeal No.62 of 2010 against the Tribunal's award
dated 02.01.2009 was disposed of by this court vide judgment and
order dated 29.07.2015 the insurance company deposited cheque
No.025868 dated 30.12.2015 of a sum of an amount of Rs.10,59,710/-
at the Registry which was invested in fixed deposit in the UCO Bank at
its High Court extension branch in the name of the Registrar General,
High Court of Tripura. The said investment was initially made for a
period of 01 year and it was renewed from time to time. It is also
IA 1 of 2021
in MAC App. 62 of 2010
clarified that no amount has been separately invested in the name of the
claimant wife and daughter of the deceased or in the name of his
parents.
[9] Heard Mr. T.D.Majumder, learned Sr. Advocate appearing
for the petitioners who urges the court for an early release of the
compensation in favour of the claimant petitioners.
None appears for the insurance company.
[10] Perused the judgment of this court passed in MAC
App.No.62 of 2010. Also perused judgment and award dated
02.01.2009 passed by the MACT, South Tripura, Udaipur in case
No.T.S (MAC)23 of 2008. Vide paragraph 8 of the judgment, Tribunal
made the following apportioning of the compensation:
"The share of the petitioners nos.1,2,3&4 will be
Rs.1,62,875/-(Rupees one lakh sixty-two thousand eight hundred and
seventy-five) each only" which means that the petitioners were given
equal share of the said compensation. Since petitioner 1 and 2 i.e.
parents of the deceased have died and they are stated to have left no
legal heirs other than Smt. Surjya Debi Jamatia (Begam), wife of the
deceased and Smt. Mousumi Aktar, daughter of the deceased they will
get equal share of the amount of compensation as claimed.
IA 1 of 2021
in MAC App. 62 of 2010
[11] The Registrar General will, therefore, disburse the amount
of compensation in equal share to the claimants by transferring the said
amount to their individual bank accounts. For this purpose necessary
verification may be made for confirmation about their identity. The
claimants aforesaid shall furnish an indemnity bond fore release of their
share indemnifying future claims.
In terms of the above IO is disposed of.
JUDGE
Saikat Sarma, P.A
IA 1 of 2021
in MAC App. 62 of 2010
