The High Court allowed an inter se application seeking release of the awarded motor accident compensation amount invested in a fixed deposit by the deceased's mother.
Released the amount of award invested in favour of the mother of the deceased through account payee cheque or by transfer.
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HIGH COURT OF TRIPURA AGARTALA
I.A. No.01/2021 in MAC APP. No.56/2014(DO)
For Applicant(s) : Mr. S. Lodh, Advocate. For Respondent(s) : Mr. P. Gautam, Advocate.
HON’BLE THE CHIEF JUSTICE MR. AKIL KURESHI
Order
12/02/2021
This application is filed by mother and younger brother of deceased Prasenjit Choudhury who died on a vehicular accident on 08.08.2012. Parents of the deceased and younger brother had filed motor accident claim petition being T.S.(MAC) No.222 of 2012 which was decided by the Claims Tribunal on 03.03.2014 awarding compensation of Rs.26,57,000/- to be paid to the parents of the deceased. The entire awarded amount would be invested in a fixed deposit for a period of 5 years in a nationalized bank on which the parents would receive interest. The insurance company had challenged the said award before the High Court. Appeal of the insurance company was dismissed by a judgment dated 14.07.2017. Now the father is expired. The mother and the brother of the deceased have moved this application for releasing the awarded amount with accrued interest, if any, which has yet not been paid over.
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Let the amount of award which is invested, be released in
favour of the mother of the deceased through account payee cheque or by a transfer as may be convenient. It is clarified that the brother would get no share of this compensation.
I.A. disposed of.
(AKIL KURESHI), CJ
Pulak
Mother and younger brother of deceased Prasenjit Choudhury
AKIL KURESHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
