Tripura High Court
For vs For on 31 January, 2022
HIGH COURT OF TRIPURA
AGARTALA
IA No.01/2022
In MAC App.75/2003(D/O)
For Applicant(s) : Mr. R. Nath, Adv.
For Respondent(s) : None.
HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY
Order
31/01/2022
Ms. Suma Sen, daughter of Ashutosh Sen and Bijali Sen was
injured in a road traffic accident which occurred on 24.10.2001. She was
a minor at that time. Therefore, her parents filed a petition at the Tribunal
claiming compensation for the loss and injury suffered by their daughter.
After the Tribunal awarded compensation of a sum of Rs.1,92,000/-, the
aggrieved parents preferred an appeal before this Court which was heard
as MAC App.75/2003. The appeal was disposed of by this Court by an
order dated 31.05.2013 enhancing the compensation awarded by the
Tribunal in the following terms:
"24. The insurance company has already deposited the
awarded amount of Rs.1,92,000/- along with interest. It is
directed to deposit the enhanced amount i.e. Rs.3,58,000/-
along with interest @ Rs.6% per annum on the enhanced
amount from the date of filing of the claim petition till deposit
of the amount in the Registry of this Court within six month
from today.
25. In view of the fact that the victim is a minor, it is directed
that out of the entire enhanced amount deposited by the
Insurance Company only Rs.50,000/- shall be released to the
father of the minor girl to meet the day to day expenses. The
balance amount shall be kept in a fixed deposit for a period of
5(five) years. The interest on this amount shall be paid on
quarterly basis to the father to meet the educational and other
expenses of the minor child. Only after five years have
expired, the minor herself will have to apply to this Court for
release of the said amount."
By this time, the petitioner have become major and the period
of 5 years have also expired from the date of the judgment which was
passed by this Court on 31.05.2013.
Therefore, Ms. Suma Sen being the petitioner has applied for
disbursement of the amount of compensation lying with the Registry of
this Court.
It appears from the record that the award of compensation
awarded to the petitioner was invested by this Registry in the UCO Bank
in its High Court extension branch in terms of the judgment and order
dated 31.05.2013 passed by this Court.
Since, the petitioner has attained majority by this time, now
there is no embargo for releasing the amount of her compensation in her
favour.
Registry is therefore asked to release the amount of
compensation in terms of the judgment dated 31.05.2013 passed by this
Court in MAC App. 75/2003 within a period of two weeks from today by
transferring the said amount to the individual bank account of the
petitioner on verification of her identity. For this purpose, petitioner shall
submit her required bank details to the Registry of this Court within seven
days.
In terms of the above, the IA stands disposed of.
JUDGE
Sabyasachi G
