Allowed

National Ins. Co. Ltd. v. Prajitha K.G. and 4 Ors.

Tripura HC16 May 2017MAC App./54/2014

Case brief

AI extract

What is this about?

On an application regarding the withdrawal of compensation from a deposit, the High Court, considering the petitioner's need for funds for education, ordered the immediate release of the matured term deposit into his bank account.

What did the court decide?

The Registry to disburse the matured term deposit amount into the petitioner's individual bank account within 15 days upon verification of identity.

National Ins. Co. Ltd. Vs Prajitha K.G. and 4 Ors. — Motor Accident Claims | Tripura HC (2017)

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HIGH COURT OF TRIPURA AGARTALA

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IA 02/2022 In MAC App. 54/2014(D/O)

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For Applicant(s) : Mr. B. Nath, Advocate.

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For Respondent(s) : Mr. S. Lodh, Advocate.

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HON’BLE MR. JUSTICE S.G. CHATTOPADHYAY Order

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11/05/2022

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[1] Arjuna J. Pillai who was one of the claimants in T.S. (MAC) 489 of 2012 before the Motor Accident Claims Tribunal (Court No.5) at Agartala, West Tripura has approached this Court by filing a petition for

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withdrawal of the amount awarded in his favour.

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[2] Heard Mr. B. Nath, learned counsel appearing for the petitioner. Also heard Mr. S. Lodh, learned counsel appearing for the Insurance Company.

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[3] It appears from the record available before this Court that the Motor Accident Claims Tribunal (Court No.5), Agartala by award dated 26.11.2013 passed in T.S. (MAC) 489 of 2012 awarded to the wife, mother, son and daughter of deceased Jaya Kumar PK a sum of Rs.41,14,435/- along with 9% annual interest thereon on account of the death of Jaya Kumar PK in a road-traffic accident involving the offending vehicle which occurred on 08.08.201 when the deceased was returning to Agartala from Guwahati.

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Page 2 of 4

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[4] The Insurance Company assailed the award of the Tribunal by filing MAC App. 54 of 2014. The said MAC Appeal along with connected appeals was disposed of by this Court by judgment and order dated 16.05.2017. The claimant-respondents were made entitled to draw the compensation in terms of the directions issued by the MAC Tribunal.

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[5] It is submitted by Mr. Lodh, counsel appearing for the Insurance Company that the Insurance Company has satisfied the award in terms of the judgment of the Tribunal as well as that of the Appellate Court by paying the whole amount before the Registry of this Court. Mr. Lodh, learned counsel however submits that to protect the interest of the petitioner, Court may enquire whether he has attained majority for the purpose of releasing his compensation. Relying on a decision dated 09.09.2014 of this Court passed in WP(C) 142 of 2013 ( Smt. Rupa Roy Vs. Tripura State Legal Services Authority and others ), counsel contends that this Court in the said judgment held that to protect the interest of minors, the amount must be kept in deposit till the minor attains majority and in such case, majority shall be attained at the age of 21 and not at the age of 18.

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[6] There is merit in the contention of Mr. Lodh, learned counsel because at the age of 18 a person hardly becomes capable of managing such huge amount of money.

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Page 3 of 4

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[7] Learned counsel appearing for the petitioner however, submits that the petitioner is a resident of Kerala and he is a student of college at this moment. He is badly in need of money to prosecute his studies and moreover, it would be quite difficult for him to undertake frequent journey to Agartala. Counsel contends that even in the case of minor, there is no embargo for releasing the compensation if the circumstances so require. Counsel has referred to paragraph 9 of the said judgment in Rupa Roy (supra) wherein, this Court has held that if money is required for medical treatment, for educational expenses and for any other valid or legal purpose and the claimant satisfies the tribunal that the money is genuinely required for such purpose, the tribunal should release the amount. Counsel contends that petitioner herein is above 20 years old.

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[8] It is contended by Mr. Nath, learned counsel that having lost his father in a road-traffic accident, the petitioner and his entire family have been facing acute financial crisis. Unless the money is disbursed in his favour, he may have to discontinue his studies.

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[9] Considering the need of the petitioner, this Court is of the view that the term deposit of the petitioner having been matured, the same may be released in favour of the petitioner by transferring the amount to his individual bank account.

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Page 4 of 4

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[10] The Registry will disburse the amount in favour of the petitioner within a period of 15 days from today on verification of his identity by transferring the amount to his individual bank account.

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In terms of the above, the petition stands disposed of.

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JUDGE

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Sabyasachi G.

National Ins. Co. Ltd. v. Prajitha K.G. and 4 Ors.

Case brief

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National Ins. Co. Ltd. v. Prajitha K.G. and 4 Ors.

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