Tripura High Court
The National Ins. Co. Ltd vs Smt. Durgati Jamatia And Ors on 10 November, 2021
HIGH COURT OF TRIPURA
AGARTALA
IA No 1 of 2021
In MAC App. 62 of 2014(D/O)
THE NATIONAL INS. CO. LTD
--------Petitioner(s)
Versus
SMT. DURGATI JAMATIA and ORS
-----Respondent(s)
BEFORE
HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY
For Appellant(s) : Mr. A.Pal, Adv.
For Respondent(s) : Mr. P.Gautam, Adv.
ORDER
10.11.2021
[1] This Interlocutory Application has been filed by the
claimants of T.S (MAC) 219 of 2012 for disbursement of the amount
awarded by MACT, South Tripura, Udaipur in case No. T.S.(MAC)
219 of 2012 by judgment and award dated 16.01.2014 which was
affirmed by this court in MAC App.No.62 of 2014.
[2] In the said MAC Appeal, this court vide paragraph 6 of
the judgment observed as under:
"[6] Mr. P. Gautam, learned counsel appearing for the
appellants has submitted that the appellant has deposited
the entire amount in the Registry in terms of order.
However, if any amount is liable to be paid by the
Insurance Company even thereafter, the same shall be
paid within a period of 2(two) months from the day when
the appellant shall received a copy of this order in the
tribunal below. The claimant-respondents shall be
entitled to withdrawal and management of the award in
terms of the judgment and award dated 06.03.2014
delivered in T.S.(MAC) 50 of 2013 [related to MAC APP
No.60 of 2014] and judgment and order dated 16.01.2014
delivered in T.S.(MAC) 219 of 2012 [related to MAC
APP No.62 of 2014]. Draw the award accordingly."
[3] Heard Mr. A.Pal, learned counsel appearing for the
claimant. Also heard Mr.P.Gautam, learned advocate appearing for
the Insurance Company.
[4] This Court by common judgment and order dated
16.06.2017 passed in the aforesaid MAC App.No.62 of 2014 and
MAC App. No.60 of 2014 directed that the claimant respondents
shall be entitled to withdrawal and management of the awarded sum
of compensation in terms of the judgment dated 16.01.2014
delivered by the Tribunal in T.S.(MAC)219 of 2012.
[5] With regard to disbursal of the awarded sum of
compensation, the MACT, South Tripura vide judgment dated
16.01.2014 in MAC Appl.219 of 2012 ordered as under:
"ORDER
10. In view of my above findings over the issues, the
claim petition is allowed partly. The claimant-petitioners
are entitled to get Rs.7,55,000/-(Rupees Seven Lakhs
Fifty Five thousand)as compensation in this case. Wife
and daughter were fully dependent on the income of the
deceased and considering their age they will get
maximum share. Petitioner No.3, Smt. Bishnulakshi
Jamatia i.e. mother of the deceased will get a lump sum
amount of Rs.1,50,000/- and rest amount is to be paid to
petitioner No.1 & 2 in equal share except the amount of
Rs.35,000/- which will be given to Smti. Durgati Jamatia,
wife of the deceased authorizing her to draw the amount
of petitioner No.2. The share of the minor petitioner
No.2, Smti. Hamari Jamatia shall be kept in fixed deposit
scheme in the Nationalized Bank till attaining her
majority. 50% share of wife Durgati Jamatia and mother
Bishnulakshi Jamatia are also to be deposited under
fixed deposit scheme in the Nationalized Bank for a
period of 5 years. O.P. No.2, National Insurance
Company Ltd. is directed to pay the amount of
compensation to the claimant-petitioners within 2(two)
months along with interest @6% per annum, from the
date of filing the petition i.e.16.11.2012. If the award
amount is not paid within 2(two)months, it will carry
interest @9%, per annum, till payment is made"
[6] It is submitted by Mr.Pal, learned counsel of the
petitioner that Smt. Hamari Jamatia, daughter of the deceased is still
a minor, Therefore, in terms of the said judgment of the Tribunal, her
share of the compensation cannot be disbursed now.
[7] Counsel submits that only the share of Durgati Kanya
Jamatia, wife of the deceased and Smt.Bishnulakshi Jamatia, mother
of the deceased can now be disbursed in terms of the judgment of the
learned Tribunal. It is also contended by Mr.Pal that name of the
wife has been recorded as Durgati Jamatia in the Court records. But
her actual name is Durgati Kanya Jamatia. Similarly, name of the
daughter of the deceased has been recorded in Court records as Smt.
Hamani Jamatia. But her actual name is Hamari Jamatia.
[8] In view of the above, the Registry will disburse the
share of the compensation in favor of Smti. Durgati Kanya Jamatia,
wife of the deceased and Smt. Bishnulakshi Jamatia, mother of the
deceased in terms of the aforesaid judgment and award dated
16.01.2014 passed in T.S.(MAC)219 of 2012 passed by the MACT,
South Tripura within a period of 10 days from today along with the
interest accrued thereon by transferring the money to their individual
bank account on verification of their identity.
In terms of the above, the IA is disposed of.
JUDGE
Saikat Sarma, PS-II
