For vs For
2022 Latest Caselaw 845 Tri

                          HIGH COURT OF TRIPURA
                                AGARTALA
                    I.A.02 of 2022 in MAC.APP.48 of 2019

For Applicant(s)                  : Mr. K.K. Pal, Adv.
For Respondent(s)                 : None.

HON'BLE MR. JUSTICE T. AMARNATH GOUD

Order

09/09/2022

Heard Mr. K.K. Pal, learned counsel appearing for the applicants.

2. This is an application under Section 151of the CPC for disbursement of the awarded amount as deposited by the opposite party appellant, Insurance Company. The Insurance Company has challenged the judgment and award passed by the learned Motor Accident Claims Tribunal, Sonamura, West Tripura in Case No.T.S.(MAC)52/2021.

3. It has been submitted by Mr. K.K. Pal, learned counsel appearing for the claimants that at the time of admission in terms of the order dated 01.10.2019 passed by this court in Case No.MAC Appeal 48/2019 the Insurance Company has deposited an amount of Rs.11,67,500/- and the claimants are entitled to withdraw the amount. The Hon'ble High Court after hearing the parties has dismissed the appeal by the judgment and order dated 19.02.2021.

4. It has been stated by the counsel for the applicant that the claimant petitioner No.1 is the mother mother of the deceased. Mana Bibi, Smt. Aleya Khatum @ Begam and Master Sajib Hossain had filed claim petition vide No.T.S.(MAC)52/2012 and Smt. Ayesha Aktar had filed claim petition being T.S.(MAC)27/2014 and the learned tribunal tied the judgment together and passed a analogous judgment on 10.08.2017. He has submitted that the deceased Manir Hossain was the sole bread earner of their family and after the death of said Hossain out of a vehicular accident his legal heirs i.e. present claimant petitioners are suffering from serious financial stringency. The present petitioners claimant respondents have no source of income for maintaining their livelihood.

5. He has further submitted that the petitioner No.3 is a student and his mother is providing his educational expenses by seeking help from the relatives. The present petition respondent No.1 is an old woman suffering from old age ailments and the petitioner No.4 has her minor son. Ayesha Aktar is now living in her father's house and his father is a poor cultivator and Smt. Ayesha Akhtar and her son burden on them and all are in serious financial crisis.

6. Counsel for the applicants have also submitted that for running the educational expenses the present petitioner claimant respondent No.3 and also for maintaining livelihood of the present respondents No.1, 2 and 4 the amount lying in the Registry of this Court in connection with the instant appeal is genuinely needed for the reasons as stated above. Thus the petitioner has approached this court for necessary directions for releasing the deposited the amount to the petitioner respondents as per their proportionate share in terms of the judgment and award passed by the learned tribunal on 10.08.2017.

7. In view of the submission made by the counsel for the applicants this court allowed the present application giving liberty to the petitioners claimants to take steps as per procedure and accordingly, there shall be direction for releasing the amounts in their favour as per procedure.

In terms of the above, this application stands allowed and disposed of.

JUDGE

Sabyasachi B