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Judgment
Biswajit Palit, J
Learned Counsel for the applicant, Mr. S. Datta is present.
Learned Dy. SGI Mr. Bidyut Majumder is present on behalf of the respondent.
The appellant-applicant has filed this application under Section 151 of CPC for issuing direction upon the Registrar General, High Court of Tripura for release of the awarded compensation amount of Rs.7,85,730/-(Rupees seven lakh eighty five thousand seven hundred thirty only) which was deposited vide Cheque No.991041 dated 15.11.2023 to the Registrar General, High Court of Tripura by the respondent as per Order dated 20.04.2023 passed by High Court of Tripura in MAC App. No.66 of 2022 and MAC App. No.6 of 2023.
In course of hearing, Learned Counsel for the appellant-applicant has submitted that the present applicant as claimant claimed compensation before the Motor Accident Claims Tribunal, West Tripura, Agartala claiming compensation for sustaining grievous injuries by a road traffic accident. The Learned Motor Accident Claims Tribunal by judgment and award dated 01.06.2022 allowed the claim application of the claimant and being dissatisfied with the awarded amount, the claimant as appellant preferred an appeal before the High Court of Tripura vide MAC App. No.66 of 2022 and the respondent also preferred another appeal before the High Court of Tripura which was registered as MAC App. No.6 of 2023 challenging the award dated 01.06.2022 passed by Learned Tribunal in T.S.(MAC) No.8 of 2018. Learned Counsel further submitted that the High Court of Tripura after hearing both the appeals by judgment dated 20.04.2023 partly allowed the appeal of the present appellant-applicant and directed the respondent to deposit the awarded amount.
In the meantime, the appellant also filed another execution petition under Section 174 of M.V. Act vide case No.Civil Misc.61/2023 before the Tribunal for recovery of the amount of Rs.7,67,522/- as principal awarded amount plus 9% interest with effect from 10.01.2018 to 11.01.2023 i.e. in total Rs.11,16,475/-but the respondent already deposited an amount of Rs.7,85,730/-. So, the appellant prayed for passing appropriate order.
Learned Dy. SGI did not raise any objection to the submission made by Learned Counsel for the applicant-appellant.
In view of the above, the prayer of the applicant is allowed.
The Registrar General, High Court of Tripura be asked to release the amount of Rs.7,85,730/- in favour of the applicant Shri Hari Sankar Kurmi to his bank account No.20120110110447, UCO Bank District Court Branch, IFSC – UCBA00002012 immediately after observing all legal formalities.
In the event of release of fund, the appellant shall take necessary step in the execution proceeding pending as submitted.
A copy of this order be communicated to the Registrar General, High Court of Tripura for information and compliance.
A copy of this order be communicated to Learned Counsel for the appellant-applicant. A copy of order also be communicated to Learned Dy. SGI for information and necessary action, if any.
With this observation, this Interlocutary Application stands disposed of.