CMAppl(FA)/608/2014 of SARASWATI ADDHYA and ORS Vs BISWAJIT SAHA and ANR on 18 December 2014

Party Name : SARASWATI ADDHYA & ORS Vs BISWAJIT SAHA & ANR

HONBLE THE CHIEF JUSTICE DEEPAK GUPTA

This is an application for release of the amount.

The appeal has been filed mainly on the question of quantum. The claimants arethe widow of the deceased, his two children and parents. The widow is an illiterate lady.The deceased was a mistri, i.e. he belonged to the labour class.

It is prayed by Mr. S.B. Debnath, learned counsel for the applicants, that 50% ofthe amount payable to the claimants may be released to the applicants. The appeal isstill pending and I do not find any merit in this submission.

The Apex Court in a large number of cases starting from Susamma Thomas’scase has clearly laid down that when money is payable to the widows, ladies and minorchildren, it is the duty of the Court to ensure that the same is invested properly. Theappeal has still to be decided and it is not clear whether the amount is reduced or not. Ialso find that the learned Tribunal has awarded 15% of the compensation in favour ofthe father without coming to the conclusion that the father was dependent upon thedeceased. Under Hindu Law, it is the mother, widow and minor children who are Class-Iheirs and the father would only be entitled to compensation if some evidence is led thathe was dependent on the deceased. From the award, I cannot find any such findinggiven by the trial Court.

Be that as it may, out of the total awarded amount which has been deposited inCourt, it is ordered that Rs.2,00,000/- shall be released in favour of claimant Smti.Saraswati Addhya, the widow, and Rs.1,00,000/- shall be released in favour of Smti.Sudebi Addhya, mother of the deceased. The rest of the amounts shall be kept in fixeddeposit. The interest accruing on the amount falling to the shares of Smti. SaraswatiAddhya, Tapas Addhya and Miss. Priyanka Addhya shall be released to Smti. SaraswatiAddhya by remitting it to her bank account, details whereof along with photocopy of thefirst page of the passbook be filed in the Registry of this Court within four weeks fromtoday. She shall utilize this money for her own maintenance and for the upkeep andeducation of the minor children.

As far as the amount falling to the shares of respondent Nos.4 and 5 is concerned,the interest accruing on the amount deposited in fixed deposit shall also be similarlypaid to respondent No.4 Smti. Sudebi Addhya by remitting it to her bank account,details whereof along with photocopy of the first page of the passbook be filed in theRegistry of this Court within four weeks from today. CM Application stands disposed of.