Tripura High Court
For vs For on 20 September, 2022
HIGH COURT OF TRIPURA
AGARTALA
I.A.01 of 2022 in MAC.APP.18 of 2016
For Applicant(s) : Mr. R. Saha, Adv.
For Respondent(s) : None.
HON'BLE MR. JUSTICE T. AMARNATH GOUD
Order
20/09/2022
Heard Mr. R. Saha, learned counsel appearing for the applicants.
2. This is an application under Section 151 of the CPC for withdrawal of
the compensation amount in the event of maturity of fixed deposits which were
invested in terms of the final order dated 06.02.2017 passed by this court in
MAC.APP.18 of 2016.
3. According to the applicant, after hearing the appeal preferred by the
Insurance Company this court had dismissed the appeal vide judgment and order
dated 06.02.2017 upholding the judgment and award dated 25.11.2015 passed by
the MAC Tribunal. In the judgment and award dated 25.11.2015, the tribunal has
granted the compensation for an amount of Rs.11,78,200/- and it was directed
that out of the said amount of compensation, the applicants No.1 and 2 will get
the amount of compensation in equal share. It has been further observed in the
judgment that both the applicants to open an individual bank account with any
nationalized bank and shall submit a photocopy of the passbook duly certified by
the banker for depositing 50% of the awarded amount of their respective share
directly from the court to the individual bank account of the applicants No.1 and 2.
The rest 50% of the respective share of compensation shall be kept in a fixed
deposit scheme with any nationalized bank for a period of five years in the name
of the applicants No.1 and 2. No loan shall be allowed to the applicants No.1 and
2 against the said fixed deposit amount and the applicants No.1 and 2 are not
allowed to any premature withdrawal of the said amount without permission of
the tribunal. However, the applicants No.1 and 2 are at liberty to withdraw the
monthly interest accrued on the said fixed deposited amount.
4. After the said judgment was passed, the Insurance Company had
deposited the amount of compensation so awarded with interest accrued thereon
with the said tribunal. Thereafter, in compliance of the aforesaid judgment and
award dated 25.11.2015, 50% of the total compensation amount had released in
favour of the applicants. The rest 50% of their respective share out of the
compensation amount had been in a fixed deposit scheme with a nationalized
bank namely UCO Bank, District Court Branch for a period of five years in the
name of the applicants No.1 and 2 as per direction of the said tribunal.
5. According to the applicants, it is relevant to mention here that 50%
of the respective share invested in two numbers of fixed deposits on 03.05.2017
and the concerned bank had issued two numbers of 'Deposit Receipt' certificates
vide No.296718 dated 03.05.2017 in the name of the applicant No.1 and the other
certificate No.296719 dated 03.05.2017 in the name of the applicant No.2 for the
amount of Rs.2,83,970/- each mentioning inter alia the date of maturity on
03.05.2022 in the event of completion of 60 months i.e. five years.
6. Mr. R. Saha, learned counsel appearing for the applicants have
submitted that on 03.05.2022 both the fixed deposit have been matured in terms
of the direction passed by the tribunal. As such, Mr. Saha, learned counsel has
urged before this court to pass necessary order allowing the applicants to
withdraw the said maturity amount along with interest.
7. Having heard the counsel, this court is of the view that the
applicants are permitted to withdraw the deposited amount as per procedure.
In terms of the above, this application stands allowed.
JUDGE
Sabyasachi B
