Tripura High Court
Sri Ratan Miah vs Shriram General Insurance Company Ltd on 25 June, 2024
2
HIGH COURT OF TRIPURA
AGARTALA
I.A. No.02 of 2024
In MAC App. No.32 of 2023
Sri Ratan Miah
----Applicant(s)
Versus
Shriram General Insurance Company LTD
----Respondent(s)
For Applicant(s) : Mr. Biplab Debnath, Adv.
For Respondent(s) : None.
HON'BLE MR. JUSTICE BISWAJIT PALIT
Order
25/06/2024
Learned Counsel for the applicant-appellant, Mr. Biplab
Debnath is present.
The applicant-appellant has filed this petition under
Section 151 of CPC for passing necessary order to release the
amount of Rs.11,49,000/- deposited by the Insurance Company
vide cheque No.063169 dated 18.09.2023 and also to release the
amount of Rs.25,000/- deposited vide cheque No.061452 dated
21.03.2023 along with interest as per judgment and order passed
by this Court in connection with case No.MAC App. No.32 of 2023.
Seen the record.
It appears that initially, on the claim petition of one
Ratan Miah the Learned MAC Tribunal, West Tripura, Agartala No.2
in T.S.(MAC) 378 of 2013 allowed the claim petition and awarded
a sum of Rs.22,98,000/- along with 9% interest with effect from
03.10.2013 to till the date of realization. It was further ordered
that at the time of calculation of interest, the period from
29.07.2016 to 12.04.2022 be excluded as per order dated
12.04.2022 of the High Court made in MAC App. No.40 of 2020.
Learned Tribunal also directed that 50% of the award be invested
by purchasing Fixed Deposit Certificate for a period of 5 (five)
years.
Challenging that award, the Insurance Company
preferred an appeal before this High Court and this High Court by
judgment dated 14.12.2023 in MAC App. No.32 of 2023 allowed
the appeal but reduced the amount to Rs.12,90,000/- with 7.5%
interest from the date of presentation of the claim petition till the
date of actual payment.
For the sake of convenience, I would like to mention
herein below the operative portion of the said order of this High
Court, which is as follows:
"Consequently, the total compensation entitled by
the claimant respondent would be Rs.12,90,000/-
(Rupees Twelve Lakh Ninety Thousand only)
along with 7.5% simple interest per annum from
the date of presentation of the claim petition till
the date of actual payment. However, it is made
clear that as per the argument of Mr. Ghosh,
learned counsel for the appellant insurance
company, the case was initially dismissed for
default and thereafter, the same was restored
and final award has been passed. So for the
period during which, the case was dismissed and
restored, the claimant respondent is not entitled
for any interest. This argument appears to be
cogent and accordingly, while computing the
same the Court below shall consider deduction of
the interest for the said period.
In view of the above, the instant appeal is
allowed to the extent as indicated above. Thus,
the appellant insurance company i.e. the Shriram
General Insurance Company Ltd is liable to pay
the total amount as awarded above to the
claimant-respondent. The amount to be deposited
within one month from the date of receipt of the
Motor Accidents Claims Tribunal, West Tripura,
Agartala and on depositing the same, the
claimant may file appropriate application to the
satisfaction of the Court and withdraw the
amount as per law.
The statutory amount of Rs.25,000/-
deposited by the insurance company at the time
of filing of this appeal, shall be returned to them
as per procedure.
As a sequel miscellaneous application(s)
pending if any, shall stand closed. Send down
LCR."
Now, in pursuance of the judgment of the High Court, the
Insurance Company has deposited Rs.11,49,000/- vide cheque
No. 063169 dated 18.09.2023.
Now, the applicant-appellant has prayed for releasing the
aforesaid amount in pursuance of the direction of the High Court.
Considered.
Since, the case is finally disposed of, so, the Registry be
asked to release the aforesaid amount of Rs.11,49,000/- with
interest to the applicant-appellant immediately.
But, since by the judgment dated 14.12.2023, it was ordered
to return back the amount of Rs.25,000/- to the Insurance
Company, so, there is no scope at this stage to release the said
amount in favour of the applicant.
A copy of this order also be supplied to the Learned Counsel
for the applicant-appellant.
JUDGE
MOUMITA DATTA Digitally signed by MOUMITA DATTA
Date: 2024.06.26 17:39:50 +05'30'
Purnita
