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Smt. Mampi Goswami(Banerjee) & Ors vs National Insurance Company Ltd
2024 Latest Caselaw 1503 Tri

Citation : 2024 Latest Caselaw 1503 Tri
Judgement Date : 9 September, 2024

Tripura High Court

Smt. Mampi Goswami(Banerjee) & Ors vs National Insurance Company Ltd on 9 September, 2024

                                Page 1 of 3




                    HIGH COURT OF TRIPURA
                          AGARTALA
     I.A. No.4 of 2024 in MAC App. No.56 of 2023(D.O.)

Smt. Mampi Goswami(Banerjee) & Ors.

                                                            -----Applicant(s)
                                 Versus
National Insurance Company Ltd.
                                                      -----Respondent(s)

For Applicant(s) : Mr. A. K. Pal, Adv.

For Respondent(s) : Mr. E. L. Darlong, Adv.

HON'BLE MR. JUSTICE BISWAJIT PALIT Order

09/09/2024

Learned Counsel for the appellant-applicant, Mr. A. K. Pal is

present. Learned Counsel for the respondent-Insurance Company,

Mr. E. L. Darlong is present.

The appellant-applicant has prayed for releasing the amount

deposited by the Insurance Company vide cheque no.576546

dated 21.07.2024 and also prayed for payment of interest amount

from the Insurance Company in pursuance of the judgment and

award dated 06.04.2023 in connection with T.S.(MAC) No.199 of

2021 delivered by Learned Tribunal below. The case was disposed

of by the Learned Tribunal below and at the time of disposal of the

case, Learned Tribunal below gave the following observation:

Order/Award The OP No.3, The National Insurance Company Ltd. is directed to deposit the awarded compensation of Rs.22,65,000/-(Rupees Twenty two lakh sixty five thousand) only within 30 days from today with interest thereon at the rate of 8% per annum with effect from date of filing of the claim application i.e., from 10.11.2021 to till realization of the full.

Distribution of Compensation The claimant No.1 being widow is entitled to get

are equally entitled to the rest compensation.

Protection Awarded Compensation As claimant No.2 is minor the full amount of him is to be fixed deposited for the period till he attain 21 years or for five years whichever is later. Sixty percent (60%) of the amount of compensation of claimant No.1 and 3 are to be fixed deposited for five years and the rest amount are to be released in their favour in their bank account. In case of necessity, the Tribunal can be approached for withdrawal of fixed deposited amount. On maturity of the fixed deposits the Banker shall credit the amounts to the sole SB Accounts of claimants without any further order from the tribunal.

Furnish a copy of the award to both sides. The case stands disposed of on contest.

Now, in terms of the judgment and award excepting the

interest, the entire amount has already deposited by the

Insurance Company.

Learned Counsel for the Insurance Company at this stage

sought for accommodation to allow the Insurance Company to

deposit the interest amount before the Registry within 2(two)

weeks.

Learned Counsel for the claimant also fairly submitted to

release the amount and also urged before the Court to fix another

date for the balance amount of the interest.

Registry be asked to release the amount in favour of the

claimants in terms of the judgment dated 06.04.2023 in

connection with T.S.(MAC) No.199 of 2021 delivered by Learned

Tribunal below.

The Insurance Company also be asked to deposit the interest

amount before the Registry of High Court as per judgment and

award dated 06.04.2023 in connection with T.S.(MAC) No.199 of

2021 of the Learned Tribunal below on or before the next date.

A copy of this order be furnished to Learned Counsel for the

Insurance Company for immediate compliance.

List the matter on 23.09.2024.

JUDGE

MOUMITA Digitally signed by MOUMITA DATTA

DATTA Date: 2024.09.10 17:16:13 -07'00' Deepshikha

 
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