For vs For
2021 Latest Caselaw 954 Tri

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                   HIGH COURT OF TRIPURA
                         AGARTALA
         IA No.01 of 2021 in MAC App No. 69 of 2013(D/O)
For Applicant(s)   :     Mr. Alik Das, Advocate.
For Respondent(s):       None.

      THE HON'BLE MR. JUSTICE S. G. CHATTOPADHYAY

                               ORDER

22/09/2021

By means of filing this interlocutory application petitioner wants

to withdraw a sum of Rs.7,48,434/- along with the accrued interest. The

amount was deposited by the appellant-insurance company towards the

judgment and award dated 22.03.2013 passed by Motor Accident Claims

Tribunal, North Tripura District, Kamalpur in Case No. TS (MAC) 02 of

2011 which was upheld by this Court in MAC Appeal No.69 of 2013 vide

order dated 30.01.2017. Original claimant was Sri Kamal Kanti Das in

whose favour the award was passed by the Tribunal. During pendency

of the appeal in this High Court, the original claimant namely, Kamal

Kanti Das died on 23.04.2016. On behalf of the claimant-respondent I.A

No.1593 of 2016 in MAC Appeal No.69 of 2013 for substituting his wife

namely, Smt. Samipa Das Purakayastha and his son namely, Sri

Kishalaya Das as respondents in the place of deceased claimant was

filed in the same appeal. Their petition was allowed by this Court by

order dated 25.11.2016 passed in said IA No.1593 of 2016. After the

appeal was dismissed and the award of the Tribunal was upheld by this

Court by the said order of this Court dated 30.01.2017, the insurance

company deposited the award with the Registry of this Court.

It is contended by Mr. Akil Das, learned counsel appearing for the

claimant that after the awarded amount was so deposited before the

Registry by the appellant insurance company, the share of Smt. Samipa

Das Purakayastha, wife of the deceased claimant was released and the

share of the son of the deceased claimant namely, Sri Kishalaya Das

who was minor at that time was invested in a term deposit dated

21.03.2018. Copy of the said term deposit has also been submitted by

the petitioner as Annexure-C. Since, said Kishalaya Das has attained

majority by this time, said Kishalaya Das has filed the present I.A for

release of his share in his favour. Birth certificate of Kishalaya Das has

been submitted with would go to show that he was born on 17.01.2003

(Annexure-b).

In view of the above, the petition for disbursement of the said

amount is allowed. The registry will disburse the amount within 10(ten)

days in favour of said Kishalaya Das after proper verification of his

identity by transferring the amount in his individual bank account.

In terms of the above, I. A. is disposed of.

JUDGE

Dipankar