BINA PANI CHOUDHURY Vs. GOPAL CHANDRA CHAKRABORTY

JUDGEMENT

(1.) This application seeking disbursement of the amount of compensation has been filed by Smt. Bina Pani Choudhury (Baidya) who lost her only son Saikat Baidya in a road traffic accident on 5/1/2010 at Ranir Bazar in West Tripura district. Her claim for compensation was decided by the Motor Accident Claims Tribunal, Court No.4, West Tripura, Agartala on 21/4/2012 in T.S.(MAC) 210 of 2010 whereby the tribunal awarded compensation of a sum of Rs.6,04,870.00 along with 9% interest thereon.

(2.) The claimant challenged the award before this High Court in MAC App. No.48 of 2012 (D/O). The compensation awarded by the tribunal was enhanced by this court from Rs.6,04,870.00 to Rs.9,50,000.00 along with 9% annual interest thereon from the date of filing till the date of disbursement. The relevant extract of the judgment of this court passed in MAC App. No.48 of 2012 (D/O) is as under:

(3.) It is contended by Mr. D.K. Daschoudhury, counsel appearing for the petitioner that other than the amount which has been invested in term deposit for 5(five) years, rest of the amount has already been withdrawn by the original claimant petitioner. Counsel submits that the term deposit of 5(five) years have already matured and therefore the said amount may be disbursed in favour of the claimant petitioner along with interest accrued thereon.