Tripura High Court
Smt. Bina Pani Choudhury (Baidya) vs Sri Gopal Chandra Chakraborty & ... on 15 November, 2021
HIGH COURT OF TRIPURA
AGARTALA
I.A. No. 01 of 2021
In MAC App. No. 48 of 2012 (D/O)
Smt. Bina Pani Choudhury (Baidya)
........Applicant(s)
Versus
Sri Gopal Chandra Chakraborty & Anr.
........Respondent(s)
For Applicant(s) : Mr. D.K. Daschoudhury, Adv.
For Respondent(s) : Mr. P. Gautam, Adv.
HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY
Order
15/11/2021
This application seeking disbursement of the amount of
compensation has been filed by Smt. Bina Pani Choudhury (Baidya) who
lost her only son Saikat Baidya in a road traffic accident on 05.01.2010
at Ranir Bazar in West Tripura district. Her claim for compensation was
decided by the Motor Accident Claims Tribunal, Court No.4, West
Tripura, Agartala on 21.04.2012 in T.S.(MAC) 210 of 2010 whereby the
tribunal awarded compensation of a sum of Rs.6,04,870/- along with
9% interest thereon.
[2] The claimant challenged the award before this High Court in
MAC App. No.48 of 2012 (D/O). The compensation awarded by the
tribunal was enhanced by this court from Rs.6,04,870/- to
Rs.9,50,000/- along with 9% annual interest thereon from the date of
filing till the date of disbursement. The relevant extract of the judgment
of this court passed in MAC App. No.48 of 2012 (D/O) is as under:
"4. The total compensation therefore, is assessed at Rs.
(8,85,000 + 15,000 + 50,000)/- = Rs.9,50,000/-. On
this amount the claimant shall be entitled to interest
@9% per annum from the date of filing of the claim
petition till payment of the amount. Since the Insurance
Company has already deposited the amount of
Rs.6,04,817/-, it is directed to deposit the enhanced
amount of Rs. (9,50,000 - 6,04,817)/- = Rs.3,45,183/-
along with interest as awarded herein-above to the
Registry of this Court within 12(twelve) weeks from
today.
5. Since the entire amount awarded by the learned
Tribunal has already been released in favour of the
mother, it is directed that out of the amount now
deposited only Rs.50,000/- shall be released in favour
of her. The rest shall be kept in fixed deposit for a
period 5(five) years and the interest shall be paid on
quarterly basis to the mother. After expiry of 5(five)
years the entire amount shall be paid to the mother."
[3] It is contended by Mr. D.K. Daschoudhury, counsel appearing
for the petitioner that other than the amount which has been invested
in term deposit for 5(five) years, rest of the amount has already been
withdrawn by the original claimant petitioner. Counsel submits that the
term deposit of 5(five) years have already matured and therefore the
said amount may be disbursed in favour of the claimant petitioner along
with interest accrued thereon.
[4] In view of the above, the Registry will disburse the said
amount in favour of the petitioner namely, Bina Pani Choudhury
(Baidya) by transferring the same to her individual bank account within
a period of 12 days from today.
[5] It is contended by Mr. Daschoudhury, learned advocate that
bank details has already been furnished by the petitioner containing a
photograph of her which is available in the record of this case. However,
the Registry may verify the identity of the petitioner before disbursal of
the amount in her favour.
[6] This order is passed after hearing Mr. P. Gautam, learned
counsel appearing for the insurance company who submitted that entire
amount in terms of the order of the Appellate Court was deposited by
the insurance company. The insurance company will have no objection
if the unpaid amount is disbursed in favour of the petitioner.
[7] Copy of this order may be supplied to the counsel of the
petitioner as well as to the counsel of the insurance company.
In terms of the above, the I.A. is disposed of.
JUDGE
Rudradeep
