Tripura High Court
Smt. Sanchita Sutradhar vs The Union Of India on 17 October, 2023
HIGH COURT OF TRIPURA
AGARTALA
WP(C) 738 OF 2022
Smt. Sanchita Sutradhar,
wife of Ranadhir Sutradhar, resident of village of Chotto Surma,
PO-Chotto Surma, PS-Kamalpur, Tehsil-Mahabir, District-Dhalai,
Tripura, Pin-799285, mother of Late Sanjoy Sutradhar, a BSF jawan of
116 Battalion.
....Petitioner(s)
Versus
1. The Union of India,
represented by its Secretary, Department of Home Affairs, Government of
India, having his office at South Block, New Delhi, Pin-1100001.
2. The Commissioner & Secretary,
Home Affairs Department Government of India, having his office at South
Block, New Delhi, Pin-1100001.
3. The Director General,
Border Security Force, having his office at Block No.10, CGO Complex,
Lodhi Road, New Delhi, Pin-110003.
4. The Commandant,
116 Bn, Border Security Force, DIG BSF FZR, Ferozepur, Punjab, Pin-
152001.
5. The Deputy Commandant,
116 Bn, Border Security Force, DIG BSF FZR, Ferozepur, Punjab, Pin-
152001.
....Official Respondent(s)
6. Smt. Bishnupriya Das alias,
daughter of Nikhil Chandra Das, wife of Late Sanjoy Sutradhar, resident of
village-Birganj, PO & PS-Amarpur, Sub-Division-Amarpur, District-Gomati
Tripura, Pin-799101.
7. Miss Sneha Sutradhar,
daughter of Late Sanjoy Sutradhar, a minor, represented by her mother, Smt.
Bishnupriya Das alias, daughter of Nikhil Chandra Das, wife of Late Sanjoy
Sutradhar, resident of village-Birganj, PO & PS-Amarpur, Sub-Division-
Amarpur, District-Gomati Tripura, Pin-799101.
....Private Respondent(s)
For the petitioner(s) : Mr. B.N. Majumder, Sr.Advocate
Mr. B. Pal, Advocate.
For the respondent(s) : Mr. Bidyut Majumder, Dy.SGI
Mrs. S. Deb(Gupta), Advocate.
Date of hearing &
delivery of judgment : 17.10.2023
& order
Whether fit for No
reporting
:
HON'BLE MR.JUSTICE ARINDAM LODH
JUDGMENT & ORDER (ORAL)
Heard Mr. B. N. Majumder, learned senior counsel assisted by
Mr. B. Pal, learned counsel appearing for the petitioner. Also heard Mr.
Bidyut Majumder, learned Dy.SGI appearing for the respondents-Union of
India and Mrs. S. Deb (Gupta) learned counsel appearing for the respondent
nos. 6 and 7.
2. Mr. Majumder, learned Dy.SGI has submitted that out of
Rs.30,00,000/-(Rupees thirty lakh), they have already disbursed
Rs.15,00,000/- (Rupees fifteen lakh) in favour of Smt. Bishnupriya Das, the
wife of the deceased. The balance amount of Rs.15,00,000/-(Rupees fifteen
lakh) is yet to be disbursed. According to law, Smt. Sanchita Sutradhar, Smt.
Bishnupriya Das and Miss. Sneha Sutradhar i.e. the mother, wife and daughter
of the deceased employee respectively are entitled to equal shares of the said
sum of Rs. 30,00,000/-(Rupees thirty lakh).
3. To clarify, the BSF authority shall disburse Rs.10,00,000/-
(Rupees ten lakh) each in favour of Smt. Bishnupriya Das, Miss Sneha
Sutradhar and Smt. Sanchita Sutradhar respectively. Since Rs.15,00,000/-
(Rupees fifteen lakh) has already been disbursed in favour of Smt.
Bishnupriya Das, I direct the BSF authority to disburse remaining
Rs.5,00,000/-(Rupees five lakh) out of Rs.10,00,000(Rupees ten lakh), which
is the share of Miss Sneha Sutradhar, the daughter of the deceased in favour of
Smt. Bishnupriya Das being natural guardian of Miss Sneha Sutradhar. The
balance of Rs.10,00,000/-(Rupees ten lakh) shall be disbursed in favour of
Smt. Sanchita Sutradhar within a period of 30 (thirty days) from today.
4. It is further ordered that Smt. Sanchita Sutradhar, the mother of
the deceased on receipt of her share shall pay the said sum of Rs.10,00,000/-
(Rupees ten lakh) to Smt. Bishnupriya Das since she already had received
more than her legitimate share from other sources of deposits of her deceased
son. The writ petitioner has agreed and undertaken to issue a cheque of
Rs.10,00,000/-(Rupees ten lakh) in favour of Smt. Bishnupriya Das.
5. It is further submitted by Mr. B. Nandi Majumder, learned senior
counsel that the deceased husband of Bishnupriya Das during his life time had
purchased an Insurance Policy under SBI Life Insurance Co. Ltd. vide Policy
No.1C787469004 to the tune of Rs.12,00,000/-(Rupees twelve lakh) and Smt.
Bishnupriya Das is found to be the nominee of the said policy.
6. In view of this, I direct the competent authority of SBI Life
Insurance Co. Ltd. to disburse the accrued policy amount in three equal
shares, that means Rs.8,00,000/-(Rupees eight lakh) shall be paid to Smt.
Bishnupriya Das, she being the natural guardian of Miss Sneha Sutradhar and
balance amount of Rs.4,00,000/-(Rupees four lakh) shall be paid to Smt.
Sanchita Sutradhar. The aforesaid disbursement shall be made within a period
of two months from today.
7. The Policy Document of SBI Life Insurance is handed over to
Ms. Deb (Gupta), learned counsel appearing for Smt. Bishunpirya Das by Mr.
Nandi Majumder, learned counsel for the petitioner.
8. Now, the question remains how to disburse Rs.20,08,000/-
(Rupees twenty lakhs eight thousand) in favour of Smt. Bishnupriya Das. It is
mutually agreed upon between the parties to the lis and their respective
learned counsel that if the policy is surrendered after 7(seven) months, there
will be nominal penalty. It is submitted that Smt. Sanchita Sutradhar had
purchased two LIC Policies. In view of this, it is mutually agreed that Smt.
Sanchita Sutradhar shall issue a post-dated cheque today in favour of Smt.
Bishnupriya Das for an amount of Rs.20,08,000/- (Rupees twenty lakh eight
thousand). Smt. Bishnupriya Das shall deposit the cheque after 8(eight)
months from today for withdrawal of the said amount from the account of
Smt. Sanchita Sutradhar.
With the aforesaid observations and directions, the instant writ
petition stands disposed.
JUDGE
SANJAY GHOSH Digitally signed by SANJAY GHOSH
Date: 2023.10.19 15:36:11 +05'30'
