Disposed

The National Ins. Co. Ltd. v. Smt. Durgati Jamatia and Ors.

Tripura HC16 Jun 2017MAC App./62/2014

Case brief

AI extract

What is this about?

This court disposed of an interlocutory application filed by the National Insurance Company for clarification on disbursing a motor accident compensation award. The court ordered the Registry to release shares to the deceased's wife and mother, noting minor shares must remain in fixed deposit.

What did the court decide?

Registry ordered to disburse compensation shares to Smti. Durgati Kanya Jamatia and Smt. Bishnulakshi Jamatia within 10 days plus interest.

The National Ins. Co. Ltd. Vs Smt. Durgati Jamatia and… — Motor Accident Claims | Tripura HC (2017)

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HIGH COURT OF TRIPURA AGARTALA

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IA No 1 of 2021 In MAC App. 62 of 2014(D/O)

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THE NATIONAL INS. CO. LTD

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--------Petitioner(s)

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Versus

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SMT. DURGATI JAMATIA and ORS

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-----Respondent(s)

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B E F O R E

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HON’BLE MR. JUSTICE S.G. CHATTOPADHYAY

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For Appellant(s) : Mr. A.Pal, Adv.

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For Respondent(s) : Mr. P.Gautam, Adv.

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O R D E R

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10.11.2021

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[ 1 ] This Interlocutory Application has been filed by the claimants of T.S (MAC) 219 of 2012 for disbursement of the amount awarded by MACT, South Tripura, Udaipur in case No. T.S.(MAC) 219 of 2012 by judgment and award dated 16.01.2014 which was affirmed by this court in MAC App.No.62 of 2014.

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[ 2 ] In the said MAC Appeal, this court vide paragraph 6 of

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the judgment observed as under:

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“[6] Mr. P. Gautam, learned counsel appearing for the appellants has submitted that the appellant has deposited the entire amount in the Registry in terms of order. However, if any amount is liable to be paid by the Insurance Company even thereafter, the same shall be paid within a period of 2(two) months from the day when the appellant shall received a copy of this order in the

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tribunal below. The claimant-respondents shall be entitled to withdrawal and management of the award in terms of the judgment and award dated 06.03.2014 delivered in T.S.(MAC) 50 of 2013 [related to MAC APP No.60 of 2014] and judgment and order dated 16.01.2014 delivered in T.S.(MAC) 219 of 2012 [related to MAC APP No.62 of 2014]. Draw the award accordingly.”

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[ 3 ] Heard Mr. A.Pal, learned counsel appearing for the

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claimant. Also heard Mr.P.Gautam, learned advocate appearing for the Insurance Company.

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[ 4 ] This Court by common judgment and order dated

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16.06.2017 passed in the aforesaid MAC App.No.62 of 2014 and MAC App. No.60 of 2014 directed that the claimant respondents shall be entitled to withdrawal and management of the awarded sum of compensation in terms of the judgment dated 16.01.2014 delivered by the Tribunal in T.S.(MAC)219 of 2012.

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[ 5 ] With regard to disbursal of the awarded sum of compensation, the MACT, South Tripura vide judgment dated

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16.01.2014 in MAC Appl.219 of 2012 ordered as under:

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“ORDER

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10. In view of my above findings over the issues, the claim petition is allowed partly. The claimant-petitioners are entitled to get Rs.7,55,000/-(Rupees Seven Lakhs Fifty Five thousand)as compensation in this case. Wife and daughter were fully dependent on the income of the deceased and considering their age they will get maximum share. Petitioner No.3, Smt. Bishnulakshi Jamatia i.e. mother of the deceased will get a lump sum amount of Rs.1,50,000/- and rest amount is to be paid to petitioner No.1 & 2 in equal share except the amount of Rs.35,000/- which will be given to Smti. Durgati Jamatia,

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wife of the deceased authorizing her to draw the amount of petitioner No.2. The share of the minor petitioner No.2, Smti. Hamari Jamatia shall be kept in fixed deposit scheme in the Nationalized Bank till attaining her majority. 50% share of wife Durgati Jamatia and mother Bishnulakshi Jamatia are also to be deposited under fixed deposit scheme in the Nationalized Bank for a period of 5 years. O.P. No.2, National Insurance Company Ltd. is directed to pay the amount of compensation to the claimant-petitioners within 2(two) months along with interest @6% per annum, from the date of filing the petition i.e.16.11.2012. If the award amount is not paid within 2(two)months, it will carry interest @9%, per annum, till payment is made”

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[ 6 ] It is submitted by Mr.Pal, learned counsel of the

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petitioner that Smt. Hamari Jamatia, daughter of the deceased is still a minor, Therefore, in terms of the said judgment of the Tribunal, her

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share of the compensation cannot be disbursed now.

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[ 7 ] Counsel submits that only the share of Durgati Kanya Jamatia, wife of the deceased and Smt.Bishnulakshi Jamatia, mother of the deceased can now be disbursed in terms of the judgment of the learned Tribunal. It is also contended by Mr.Pal that name of the wife has been recorded as Durgati Jamatia in the Court records. But her actual name is Durgati Kanya Jamatia. Similarly, name of the daughter of the deceased has been recorded in Court records as Smt. Hamani Jamatia. But her actual name is Hamari Jamatia.

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[ 8 ] In view of the above, the Registry will disburse the share of the compensation in favor of Smti. Durgati Kanya Jamatia, wife of the deceased and Smt. Bishnulakshi Jamatia, mother of the

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deceased in terms of the aforesaid judgment and award dated 16.01.2014 passed in T.S.(MAC)219 of 2012 passed by the MACT, South Tripura within a period of 10 days from today along with the interest accrued thereon by transferring the money to their individual bank account on verification of their identity.

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In terms of the above, the IA is disposed of.

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JUDGE

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Saikat Sarma, PS-II

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The National Ins. Co. Ltd. v. Smt. Durgati Jamatia and Ors.

Case brief

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The National Ins. Co. Ltd. v. Smt. Durgati Jamatia and Ors.

Case brief

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