Back
S. G. CHATTOPADHYAY
Bina Pani Choudhury (Baidya) – Appellant
Versus
Gopal Chandra Chakraborty – Respondent
JUDGMENT
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 05.01.2010 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 21.04.2012 in T.S.(MAC) 210 of 2010 whereby the tribunal awarded compensation of a sum of Rs.6,04,870/- 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/- to Rs.9,50,000/- 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:
“4. The total compensation therefore, is assessed at Rs. (8,85,000 + 15,000 + 50,000)/- = Rs.9,50,000/-. On this amount the claimant shall be entitled to interest @9% per annum from the date of filing of the claim petition till payment of the amount. Since the Insurance Company has already deposited the amoun
The court affirmed the authority to enhance compensation awarded by the Motor Accident Claims Tribunal, ensuring timely disbursement to the claimant with provisions for interest and a management plan....
Accident – Death - Enhancement of compensation - Tribunal may release the money with certain stipulations and that guidelines have to be followed but not rigidly followed as precedents – Award modifi....
Motor Accident Claim – Compensation - Dependants of deceased, deduction of 1/4 to which as children of 2 years and one of 7 months Kumari Alpana have loss their father at time of accident, deduction ....
Motor Accident Claim – Compensation modified - Tribunal may release the money with certain stipulations and that guidelines have to be followed but not rigidly followed as precedents.
Accident - Enhancement of quantum of compensation - Tribunal may release the money with certain stipulations and that guidelines have to be followed but not rigidly followed as precedents.
Mode of payment of compensation in motor accident cases – Direction can always be issued to transfer amount into bank account(s) of claimant(s) with intimation to Tribunal – Courts/Tribunals can alwa....
The Tribunal's structured disbursement of compensation under the Railways Act ensures claimant protection and financial prudence, with no legal basis for additional interest or increased immediate wi....
Motor Accident Claims – Compensation - If amount of interest does not exceeds Rs.50,000/-in any financial year, registry of this Tribunal is directed to allow claimant to withdraw amount without prod....
Compensation under the Motor Vehicles Act cannot be reduced due to benefits received from compassionate employment; all dependents are entitled to fair compensation for their loss.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
