Smt. K. Kavitha v. Smt. G. Amirtham

27.02.2023 SL No.1 Court No.8 (gc) (Circuit Bench at Port Blair) (Via Video Conference) RVW 72 of 2020 With CAN 4213 of 2020 With CPAN 21 of 2019 In MA 014 of 2019 Smt. K. Kavitha Vs.

Smt. G. Amirtham & Ors.

Mr. S. Ajith Prasad, ...for the Petitioner.

Mr. Shatadru Chakraborty, Mr. Ramendu Agarwal, ...for the A & N Administration.

The affidavit filed by the Assistant Director (Admn.) in the Directorate of Shipping Services is taken on record.

It appears from the said affidavit that the gratuity and the share of the two minor children of the deceased Crew member have been deposited with the Registrar, High Court, Calcutta at Port Blair. The death compensation of the deceased amounting to Rs.18,00,000/- (Rupees Eighteen Lakhs only) is yet to be disbursed.

Under such circumstances, we dispose of the review application and the contempt application by

directing the Registrar, High Court, Calcutta at Port Blair to disburse one-third of Rs.1,15,080/- (Rupees One Lakh Fifteen Thousand Eighty only) in favour of the petitioner, namely, Smt. K. Kavitha. Similarly, one-third of Rs.18,00,000/- (Rupees Eighteen Lakhs only), that is, Rs.6,00,000/- (Rupees Six Lakhs only) shall be paid to the petitioner receivable towards death compensation. The balance amount, that is, Rs.12,00,000/- (Rupees Twelve Lakhs only) representing the share of the two minor children of the deceased shall be deposited with the Registrar, High Court, Calcutta at Port Blair. The children on attaining majority shall be entitled to apply for release of their share towards the gratuity, P.F. and death compensation.

It is needless to mention that the aforesaid sums shall be deposited with a nationalized bank in a shortterm fixed deposit yielding highest return and shall abide by any direction that may be passed on applications that may be filed by the two minor children on attaining majority. However, in case of any dire necessity, the guardian of the two minors may apply for appropriate order.

Accordingly, the review application being RVW 72 of 2020 and the contempt application being CPAN 21 of 2019 stands disposed of.

In view of disposal of the review application, the application being CAN 4213 of 2020 also stands disposed of.

However, there shall be no order as to costs. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Biswajit Basu, J.) (Soumen Sen, J.)