Allowed

The National Ins. Co. Ltd. v. Swapna Deb Laskar and Ors.

Tripura HC16 Jun 2017MAC App./60/2014

Case brief

AI extract

What is this about?

An application was filed to withdraw a share of compensation from a fixed deposit, which represented a designated portion for loss of consortium awarded to the petitioner. The court held that since no specific restriction existed in the tribunal's order preventing withdrawal, the petitioner could receive the entire amount.

What did the court decide?

The entire share and consortium amount of the petitioner are directed to be withdrawn and paid by the registry.

Noting by Officer or Serial Date Office notes, reports, orders or Advocate No Proceedings with signature
IA 01 of 2017 in MAC APP 60 of 2014 BEFORE THE HON’BLE MR. JUSTICE S. TALAPATRA 19.12.2017
Heard Mr. S. Datta, learned counsel appearing for the claimant No.1-petitioner as well as Mr. P. Gautam, learned counsel appearing for the appellant-insurer-respondents. The said claimant No.1-petitoner has filed this application for withdrawal of her share in terms of the award made by the Motor Accident Claims Tribunal, West Tripura, Agartala by the judgment dated 06.03.2014 delivered in T.S.(MAC) No.50 of 2013. The insurer-respondents preferred an appeal being T.S.(MAC) No. 60 of 2014 in this court and the said appeal was dismissed by the judgment dated 16.06.2017. In compliance to the award, the entire award has been deposited by the insurance company which amounts to
Rs.33,04,865/-. In the award, the tribunal has observed as follows : “11. From the total amount compensation that would be ultimately be payable, Rs.50,000/- shall be deducted being compensation for loss of consortium to which only claimant No.1 is entitled. The balance amount of compensation with interest shall be divided equally among the claimants.
12. In view of the judgment of the Hon’ble High Court of Tripura rendered in MAC APP No.36 of 2006

Noting by Officer or Serial Date Office notes, reports, orders or
Advocate No Proceedings with signature

IA 01 of 2017
in MAC APP 60 of 2014
BEFORE
THE HON’BLE MR. JUSTICE S. TALAPATRA
19.12.2017

Heard
Mr.
S.
Datta,
learned
counsel appearing for the claimant
No.1-petitioner
as
well
as
Mr.
P.
Gautam, learned counsel appearing for
the appellant-insurer-respondents.
The said claimant No.1-petitoner
has filed this application for withdrawal
of her share in terms of the award
made by the Motor Accident Claims
Tribunal, West Tripura, Agartala by the
judgment dated 06.03.2014 delivered
in T.S.(MAC) No.50 of 2013. The
insurer-respondents
preferred
an
appeal being T.S.(MAC) No. 60 of 2014
in this court and the said appeal was
dismissed
by
the
judgment
dated
16.06.2017.
In compliance to the award, the
entire award has been deposited by the
insurance company which amounts to

Rs.33,04,865/-. In the award, the
tribunal has observed as follows :
“11.
From
the
total
amount
compensation
that
would
be
ultimately be payable, Rs.50,000/-
shall
be
deducted
being
compensation for loss of consortium
to which only claimant No.1 is
entitled. The balance amount of
compensation with interest shall be
divided
equally
among
the
claimants.

12. In view of the judgment of the
Hon’ble
High
Court
of
Tripura
rendered in MAC APP No.36 of 2006

Noting by Officer or Serial Date Advocate No	Office notes, reports, orders or Proceedings with signature
	IA 01 of 2017 in MAC APP 60 of 2014 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 claimant No.1 shall be kept in fixed deposit at the UCO Bank, District Court Branch, Agartala for a period of five years. In the light of the same judgment, out of the share of claimant No.2, 75% of her share shall also be kept in fixed deposit at the same Bank and Branch, Agartala for a period of 10 years. The 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. Claimants shall however be at liberty to withdraw the monthly interest from their fixed deposit account. To facilitate payment of the remaining amount to the claimant No.2 now and the fixed deposit amount on maturity, they shall file a photocopy of their Bank Pass Book containing the Account numbers, IFSC number and the RTGS number duly certified by the Banker and one copy of passport size photograph 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. ”
	Hence, the claimant No.1-
	petitioner is entitled to get the 50% of
	the total compensation calculating on
	the following mode. First, from the total
	compensation, a sum of Rs.50,000.00
	(Fifty Thousand) and interest shall be
	deducted and that amount should be
	shown in the account of the claimant No.1-petitioner. The remaining amount
	after such deduction shall be divided in
	2(two) shares and claimant No.1-
	petitioner shall get one share plus the

Noting by Officer or Serial Date
Advocate No

Office notes, reports, orders or
Proceedings with signature

IA 01 of 2017
in MAC APP 60 of 2014
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 claimant No.1
shall be kept in fixed deposit at the
UCO Bank, District Court Branch,
Agartala for a period of five years.
In the light of the same judgment,
out of the share of claimant No.2,
75% of her share shall also be kept
in fixed deposit at the same Bank
and Branch, Agartala for a period of
10 years. The 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.
Claimants
shall
however
be
at
liberty to withdraw the monthly
interest from their fixed deposit
account. To facilitate payment of the
remaining amount to the claimant
No.2 now and the fixed deposit
amount on maturity, they shall file a
photocopy of their Bank Pass Book
containing the Account numbers,
IFSC number and the RTGS number
duly certified by the Banker and one
copy of passport size photograph
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. ”

Hence,
the
claimant
No.1-

petitioner is entitled to get the 50% of

the total compensation calculating on

the following mode. First, from the total

compensation, a sum of Rs.50,000.00

(Fifty Thousand) and interest shall be

deducted and that amount should be

shown in the account of the claimant
No.1-petitioner. The remaining amount

after such deduction shall be divided in

2(two)
shares
and
claimant
No.1-

petitioner shall get one share plus the

Noting by Officer or Serial Date Advocate No	Office notes, reports, orders or Proceedings with signature
	IA 01 of 2017 in MAC APP 60 of 2014 said amount of Rs.50,000.00 with interest. Since, there is no restriction in the order of the tribunal, the claimant- petitioner No.1 shall be entitled to withdraw the entire share and the amount for consortium in the mode as stated above. Registry shall accordingly make payment following the due process. This petition stands allowed and disposed of. JUDGE

Noting by Officer or Serial Date
Advocate No

Office notes, reports, orders or
Proceedings with signature

IA 01 of 2017
in MAC APP 60 of 2014
said amount of Rs.50,000.00 with
interest. Since, there is no restriction in
the order of the tribunal, the claimant-
petitioner No.1 shall be entitled to
withdraw the entire share and the
amount for consortium in the mode as
stated above.
Registry shall accordingly make
payment following the due process.
This petition stands allowed and
disposed of.
JUDGE

The National Ins. Co. Ltd. v. Swapna Deb Laskar and Ors.

Case brief

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What did the court decide?

The National Ins. Co. Ltd. v. Swapna Deb Laskar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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