TRIPURA HIGH COURT ISSUES ORDER ON THE NEW INDIA ASSURANCE CO. V/S SMTI NARGIS AKTAR AND 07 OTHERS

AGARTALA, India, May 11 -- Tripura High Court issued the following order/judgement on April 9:

Heard.

The present application has been filed to release the amount to the applicant Insurance company as deposited by the appellant Insurance company in the connected appeal.

It is contended on behalf of the applicant that by the order dated 08.12.2025 passed in the connected appeal being MAC App.69 of 2024, this Court has observed that since 50% amount is already deducted on the ground of contributory negligence of the rider of the scooty, therefore, the appellant-New India Assurance Company Limited is exempted from making the payment and the modified amount of award will be paid by the National Insurance Company Limited, if not already paid. It is mentioned in the instant application that while passing the award, this Court by the said order dated 08.12.2025 contended that "The amount, if any, deposited by the appellant in the Registry in terms of any order passed in this appeal, may be returned to them following due procedure".

It is further contended that in compliance to order dated 12.07.2024 passed in IA No.01 of 2024 in MAC App. No.69 of 2024, 50% of the awarded amount as decided by the learned Court below in connection with case No. T.S. (MAC) No.03 of 2021 has been deposited with the Registry of the High Court of Tripura. It is also mentioned that the appellant insurance company (applicant herein) deposited Rs.25,000/- as statutory amount at the time of preferring the appeal.

Learned counsel for the applicant, therefore, urges this Court that the deposited total amount as entitled by the applicant insurance company be returned back to them in the concerned bank account.

For the reasons stated in the accompanying affidavit and upon hearing the submissions made on behalf of the applicant insurance-company, this Court is inclined to consider the request of the counsel for the applicant for returning the deposited amount as per their entitlement and accordingly, the applicant is permitted to get their said deposited amount returned back as per procedure. Registry is directed to observe all the official formalities in this regard.

In view of above, the instant application stands allowed and disposed of.

Disclaimer: Curated by HT Syndication.