Citation : 2024 Latest Caselaw 1503 Tri
Judgement Date : 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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