Allowed

The National Ins. Co. Ltd. v. Smt.Rina Nama Biswas and Ors.

Tripura HC14 Jul 2017MAC App./59/2014

Case brief

AI extract

What is this about?

The High Court of Tripura disposed of a correction application relating to a merger arbitration award order. The court corrected clerical errors in the previous order regarding the designation of applicants and respondents and reaffirmed directions for the management of funds held for minor claimants.

What did the court decide?

The order dated 10.03.2020 was corrected, the correction application was allowed to the extent indicated, and the matter was disposed of.

The National Ins. Co. Ltd. Vs Smt.Rina Nama… — Civil Procedure and Limitation | Tripura HC (2017)

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Page 1 of 4

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HIGH COURT OF TRIPURA A_G_A_R_T_A_L_A

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I. A. No. 02 of 2020 In MAC. App. No. 59 of 2014(D/O)

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For Applicant(s) For Respondent(s)

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: Mr. D. C. Roy, Advocate. : Mr. P. Gautam, Advocate.

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HON’BLE MR. JUSTICE ARINDAM LODH

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O_r_d_e_r

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17.12.2020

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This is an application filed for correction of the order dated 10.03.2020 passed in I.A. No. 01 of 2020 arising out of MAC. App. No. 59 of 2014.

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For the sake of convenience, the entire order dated 10.03.2020

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may be reproduced herein bellow:

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“Heard Mr. A. De, learned counsel appearing for the applicant as well as Mr. P. Gautam, learned counsel appearing for the appellant-respondent.

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This is an application for withdrawal of the compensation money by the claimants. There is no dispute that the appellantrespondent has deposited a sum of (Rs.17,95,297/- + Rs.25,000/-) Rs.18,20,297/-.

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Mr. A. De, learned counsel appearing for the applicants has stated that the applicants No. 3 & 4 are minors, represented by their mother, the applicant No.2. Mr. De has further stated that the applicants No. 1 and 2 are competent to receive the money and there is no embargo in respect of their age. Accordingly, it is directed that so far the shares of the respondents No. 3 & 4 are concerned, those shall be deposited in a term deposit till they attained the majority. However, the respondent No. 2 has been given authority to withdraw 50 % of the interest as would be accrued on such deposit quarterly for purpose of better

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Page 2 of 4

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upbringing of the minors. 50% from the share of the applicants No. 1 & 2 shall be managed in a term deposit for 5 years and the remaining of their share shall be released to them as per procedure. It is further observed that the appellants No. 1 & 2 are authorized to withdraw the interest from the fixed deposit on quarterly basis, if they intend to withdraw so. This observation has been made in terms of para 12 of the judgment and award dated 06.03.2014 delivered in TS(MAC) 535 of 2012 which reads as follows:

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”In view of the judgment of the Hon’ble High Court of Tripura rendered in MAC APP No.36 of 2006 between Sri Joydeep Chakraborty and Sri Pintu Sharma and another on 05.12.2013 and communicated to the Tribunals in Tripura with a direction to follow the guidelines laid down therein, it is ordered that the entire share of minor claimant nos.3, 4 & 5 shall be kept in a fixed deposit at the UCO Bank, District Court Branch, Agartala till they attain the age of majority and thereafter, for a further period of five years. In the light of the same judgment and keeping in view the welfare of the claimant no.1, it is ordered that her entire share shall also be kept in fixed deposit at the same Bank and branch for a period of ten years. Considering the age of the claimant No.2, it is further ordered that 50% of her share shall also be kept in fixed deposit at the same bank and branch for a period of 5 years. Balance amount shall be paid to her. No loan or withdrawal shall be permitted from any of the fixed deposits without the permission of the Tribunal. Claimant No.1 shall however be at liberty to withdraw the monthly interest from her fixed deposit account as well as the fixed deposit accounts of the minors for their proper upbringing. Claimant No.2 shall also be at liberty to withdraw the monthly interest from her fixed deposit account. To facilitate payment of the remaining amount to the claimant no.2 now and the fixed deposit amount on maturity, she and the minor claimants at the appropriate time shall file a

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Page 3 of 4

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photocopy of their Bank Pass Book containing the Account number, IFSC number and the RTGS number duly certified by the Banker before making payment. They shall also file one copy of their photograph to be pasted in the Register to be maintained by the Nazir along with their name and address before making payment.“ In terms of the above, this application stands allowed and disposed of.”

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In the application it is stated as under:

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“(a) At page-1 Sub-Para No. 3, line No. 9 the ward respondent No. 2 may be deleted and in such a place the ward respondent No. 1 may be inserted. (b) At page-1 Sub-para No. 3, line No. 3 the ward applicant No. 2 may be deleted and in such a place the ward applicant No. 1 may be inserted.”

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None appears for the applicants.

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However, I have taken note of the relevant portion of the order dated 10.03.2020 which needs to be corrected. Accordingly, the order dated 10.03.2020 is thus, corrected.

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Again, in line No. 3 the word applicant No. 2 may be deleted and in such place the word applicant No. 1 has been inserted. As a corollary the sentence is to be read and give effect to as under: “Mr. A. De, learned counsel appearing for the applicants has stated that the applicants’ No. 3 and 4 are minors and represented by their mother,

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the respondent No. 1 instead of applicant No. 1.

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9^th line of Sub-para No. 3 of page-1 of the order dated 10.03.2020 may be read and to give effect as under:

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Page 4 of 4

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“However, the respondent No. 1 has given the authority to withdraw 50% of the interest as would be accrued on such deposit quarterly for the purpose of better upbringing of the minors.”

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For more clarity, the relevant portion of the order may be written afresh as under:

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“Mr. A. De, learned counsel appearing for the applicants has stated that the applicants No. 3 and 4 are minor, represented by their mother, the respondent No. 1. Mr. De, further submitted that the applicants No. 1 and 2 are competent to receive the money and there is no embargo in respect of their age. Accordingly, it is directed that so far the shares of the respondents No. 3 and 4 are concerned, this shall be deposited in a term deposit, till they are attaining the majority. However, the respondent No. 1 has been given authority to withdraw 50% of the interest as would be accrued on such deposit quarterly for the purpose of better upbringing of the minors.……………..”

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With the above modifications and corrections, the present interlocutory application stands allowed to the extent as indicated above and thus, disposed of.

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JUDGE

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A.Ghosh

The National Ins. Co. Ltd. v. Smt.Rina Nama Biswas and Ors.

Case brief

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What did the court decide?

The National Ins. Co. Ltd. v. Smt.Rina Nama Biswas and Ors.

Case brief

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