Tripura High Court
For vs Unknown on 26 November, 2021
HIGH COURT OF TRIPURA
AGARTALA
I.A. No. 02 of 2021
In MAC App. No. 50 of 2014 (D/O)
For Applicant(s) : Mr. Asutosh De, Adv.
For Respondent(s) : Mr. S. Debnath, Adv.
HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY
Order
26/11/2021
[1] This is an application for withdrawal of compensation
awarded by Motor Accident Claims Tribunal, West Tripura, Agartala by
award dated 06.03.2014 in T.S. (MAC) 533 of 2012 which was affirmed
by this court by judgment dated 14.07.2017 passed in MAC App. 50 of
2014 (D/O).
[2] The Motor Accident Claims Tribunal by judgment dated
06.03.2014 awarded a sum of compensation of Rs.8,35,000/- to the
claimants and directed that the mode of payment would be as under:
"12. In view of the judgment of the Hon'ble High Court of
Tripura rendered in MAC APP No.36 of 2006 between Sri
Joydeep Chakraborty and Sri Pintu Sharma and another on
5.12.2013 and communicated to the Tribunals in Tripura with
a direction to follow the guidelines laid down therein, it is
ordered that considering the age of the claimants, out of their
respective share, Rs.3,00,000/- each shall be kept in fixed
deposit at the UCO Bank, District Court Branch, Agartala in
their respective name for a period of 5 years. Balance amount
shall be paid to them. No loan or withdrawal shall be
permitted from any of the fixed deposits without the
permission of the Tribunal. Claimants shall however be at
liberty to withdraw the monthly interest from their fixed
deposit account. To facilitate payment of the remaining
amount to the claimants now and the fixed deposit amount on
maturity, they shall file a photocopy of their Bank Pass Book
containing the Account number, IFSC number and the RTGS
number duly certified by the Banker and one copy of passport
size photograph before making payment. They shall also file
one copy of their photograph to be pasted in the Register to
be maintained by the Nazir along with their name and address
before making payment."
[3] The said award was challenged in MAC App. 50 of 2014 (D/O)
before this court and by a common judgment dated 14.07.2017 the
award of the tribunal was upheld by this court in terms of the following
order:
"7. This court has noticed that in the judgment and award
dated 03.03.2014 T.S.(MAC)222 of 2012 the penal interest at
9% has been awarded retrospectively in default of payment
within the prescribed time. This court in a series of judgments
has held that the tribunal does not have the jurisdiction under
Section 171 of the M.V. Act, 1988 to impose an award of
penal interest retrospectively. As such, the imposition of penal
interest stands interfered with and set aside. The liability of
the payment of the award of the insurance company [the
appellant in this appeals] is thus decided in terms of the
decision in National Insurance Company Ltd. versus Ashish
Ghosh and Others by the common judgment and order dated
24.04.2017 in MAC APP. No.06 of 2015 (etc)."
[4] Heard Mr. Asutosh De, learned counsel appearing for the
claimant petitioner.
[5] It is submitted by Mr. De, learned counsel that an amount of
Rs.3,00,000/- was invested for a period of five years in the UCO bank,
High Court branch at Agartala on 14.05.2020 in the name of claimant
petitioner namely Pulin Behari Roy. By filing an affidavit before this
court, claimant petitioner Sri Pulin Behari Roy has stated that he is
almost 85 years of age as on date and he has been suffering from
various ailments and therefore he needs money for his treatment.
[6] Mr. De, learned counsel appearing for the claimant petitioner
urges the court to allow the petitioner to withdraw the whole amount.
[7] Heard Mr. S. Debnath, learned advocate who is appearing
under the instruction of Mr. P. Gautam, counsel of the insurance
company.
[8] In view of the age of the claimant petitioner and his
requirement of money for medical purpose, his petition stands allowed.
[9] The amount of Rs.3,00,000/- in deposit along with the
accrued interest may be disbursed to the claimant petitioner namely, Sri
Pulin Behari Roy by transferring the same to his individual bank account
on proper verification of his identity within 12(twelve) days from today.
In terms of the above, the I.A is disposed of.
JUDGE
Rudradeep
