High Court of TripuraMAC App./73/2010disposed of

Oriental Ins. Co. Ltd. v. Jyotirmoy Das And 4 ORS

2015-03-11Hon'Ble The Chief Justice Deepak Gupta2 pages

HIGH COURT OF TRIPURA AGARTALA I.A. No. 01 of 2021 In MAC App. No. 73 of 2010 (D/O) For Applicant(s) :

Mr. Alik Das, Adv.

For Respondent(s) :

Mr. S. Debnath, Adv.

HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY Order 26/11/2021 [1] This is an application for disbursement of compensation in terms of the judgment dated 11.03.2015 passed by this court in MAC App. 73 of 2010 (D/O).

[2] Heard Mr. Alik Das, learned advocate appearing for the petitioner who submits that in the appeal preferred by the insurance company, this court by judgment dated 11.03.2015 in MAC App. 73 of 2010 (D/O) awarded a sum of compensation of Rs.29,83,964/- along with 7.5% interest per annum from the date of filing till disbursement. The mode of payment of compensation was directed by the court as under:

"7. Out of the awarded amount, the mother shall be entitled to Rs.25,00,000/- (Rupees Twenty five lakhs) and the father to Rs.4,83,964/- (Rupees Four lakhs eighty three thousand nine hundred sixty four) only. The amount payable to the father may be released, but out of the amount payable to the mother only Rs.5,00,000/- (Rupees Five lakhs) shall be released and the balance amount shall be kept in a fixed deposit for the period of 5 years at the first instance."

[3] It is submitted by Mr. Das, learned advocate that accordingly sum of Rs.28,21,404/- was invested in the name of Smt. Kajal Lata Das, petitioner mother of the deceased for a term of 5(five) years in the UCO bank, High Court branch which has matured to Rs.40,40,986/- after 5(five) years. Learned counsel, therefore, urges the court for releasing the said amount in favour of applicant petitioner Smt. Kajal Lata Das. For this purpose, Smt. Kajal Lata Das has filed an affidavit sworn before the Notary on 17.11.2021.

[4] Heard Mr. S. Debnath, learned advocate who is appearing under the instruction of Mr. P. Gautam, counsel of the insurance company.

[5] In view of the above, the amount of compensation shall be disbursed in favour of the petitioner namely, Smt. Kajal Lata Das by transferring the said amount to her individual bank account on verification of her identity within a period of 12(twelve) days from today.

In terms of the above, the I.A is disposed of. JUDGE Rudradeep