The High Court
Case Details
IN THE HIGH COURT OF ORISSA, CUTTACK W.P.(C) No.38770 of 2023 Chandra Sekhar Mandal & others ..... Petitioners -Versus- Navanetha Krishnal & another …... Opposite Parties For Petitioners : Mr. Debasish Patnaik, Advocate ----- CORAM: JUSTICE SANJAY KUMAR MISHRA ______________________________________________________________ Date of Hearing and Judgment: 30.11.2023 ______________________________________________________________ S.K. Mishra, J. 1.
Decision
In view of the prayer made in the Writ Petition, there is no necessity of issuing notice to the Opposite Parties and the matter is taken up for final disposal at the stage of admission. 2. This Writ Petition has been preferred by the legal heirs of late Bhanumati Mandal (Claimant No.1 in M.A.C. No.186/2017) challenging the Order dated 30.09.2023 passed in M.A.C. No.73 of 2018 (186/2017-GDC). W.P.(C) No.38770 of 2023 Page 1 of 6 3. The brief background facts, which led to filing of the present Writ Petition, are that the claim application of Bhanumati Mandal and Sudashna Mandal @ Pradhan, who is the wife of the deceased Sapneswar Mandal, was allowed by the claims Tribunal vide order dated 16.05.2019 awarding a compensation amount of Rs.24,79,600/- with interest. The said Award was modified to the tune of Rs.20,00,000/- with interest @ 6% per annum by this Court in MACA No.41 of 2020, which was decided on 02.09.2021. 4. After modification of the said Award, the Court below re- fixed the apportionment ratio. So far as Bhanumati Mandal (Claimant No.1 before the Court below), out of the said re-fixed modified compensation amount, it was directed that an amount of Rs.4,06,000/- be kept in a fixed deposit for a period of five years with quarterly interest payable and to release an amount of Rs.1,58,016/- in cash in her favour. 5. As Bhanumati Mandal died on 03.02.2022, her legal heirs (present Petitioners) moved an application before the Court below with a prayer to release the entire amount of fixed deposit of Rs.4,06,000/-, deposited in the name of late Bhanumati Mandal, in favour of Petitioner No.2, who was also the Petitioner No.2 before the Court below and wife of the deceased Sapneswar Mandal, on the ground that other legal heirs have no objection to the said prayer W.P.(C) No.38770 of 2023 Page 2 of 6 and the said petition was bearing signature of all the legal heirs, who are major. However, the Court below, instead of allowing the said prayer in toto, ordered to apportion the fixed deposit amount among the legal heirs and fixed the apportion amount, as detailed in the order dated 30.09.2023. The relevant portion of the said order is extracted below: “ Perused the record and its connected documents. The contentions of the petitioners as to factual background of the case, appears to be correct as per record. It is correct that a sum of Rs.4,06,000/- was kept as fixed deposit in the name of Bhanumati Mandal vide the aforesaid TDR of Indian Bank, Courtpeta Branch, Komapalli, Berhampur. It reveals from the legal heir certificate that the present petitioners are the legal heirs of said Bhanumati Mandal. Since the claim case was originated owing to death of deceased Sapneswar Mandal out of vehicular accident and in the meantime, Bhanumati Mandal since has died, keeping in mind the above principle of law in the case of Manas Ranjan Parida Vrs. Mrs Sailabala Mahanta and another (supra), in allowing the prayer of the petitioners, it is directed that out of the fixed deposit amount in TDR No.T19/HTDC 119133 corresponding to Account No.7137885590 amounting to Rs.4,06,000/- stands in the name of deceased Bhanumati Mandal on dtd.24.12.2021, an amount of Rs.1,03,000/- each be kept as fixed deposits in the names of Sudashna Mandal and W.P.(C) No.38770 of 2023 Page 3 of 6 Omkar Mandal for a period of Five Years and Ten Years respectively, whereas a sum of Rs.50,000/- be kept as fixed deposit in the name of Chandra Sekhar Mandal for a period of Four years, a sum of Rs.25,000/- be kept as fixed deposit in the name of Runu Nahak for a period of Four years, a sum of Rs.25,000/- be kept as fixed deposit in the name of Kumari Pradhan for a period of Four years, a sum of Rs.50,000/- be kept as fixed deposit in the name of Bishnu Priya Mandal for a period of Four years, a sum of Rs.25,000/- be kept as fixed deposit in the name of Snesha Shree Mandal for a period of Eleven years & a sum of Rs.25,000/- be kept as fixed deposit in the name of Payal Mandal for a period of Eleven years. Send a copy of this order to be concerned bank for information and necessary action, with a direction to intimate compliance of the Order of this Tribunal at an early date in depositing the copy of respective fixed deposits in the name of petitioners before this Tribunal.” 6. Being aggrieved by the said order, the Petitioners, who are legal heirs of late Bhanumati Mandal, have approached this Court in form of present Writ Petition with a prayer to release the entire fixed deposit amount kept in the name of major Petitioners in terms of the Order dated 30.09.2023, with a further prayer to pass an Order to release the fixed deposit amount kept in the name of minor Petitioners immediately after they become major. W.P.(C) No.38770 of 2023 Page 4 of 6 7. To justify the prayer made in the Writ Petition, it has been stated that after untimely death of late Bhanumati Mandal, the present Petitioners have spent a substantial amount jointly with regard to treatment of late Bhanumati Mandal so also repayment of hand loans and for her Sudhi Kriya. Also, within a short span, her son namely, Maheswar Mandal expired, as a result of which all of them are facing financial crunch. Further, it has become very difficult to maintain their livelihood. 8. In the unusual facts and circumstances, as detailed above, this Court is inclined to direct the Court below to modify its Order dated 30.09.2023, to the effect that the fixed deposits made in the name of legal heirs of late Maheswar Mandal, those who are majors, be released in their favour, with further clarification that fixed deposits made in the name of the Minors-present Petitioner Nos.3,5 and 6, be disbursed in their favour immediately after they become major, subject to production of age proof before the concerned Bank. 9. To save the said distressed family/Petitioners from further hardship, the Court below shall do well to modify its Order within two weeks from the date of production of the certified copy of this order, as observed above, and communicate the same to the concerned Bank to act in terms of the said modified Order within W.P.(C) No.38770 of 2023 Page 5 of 6 the said period, with a direction to disburse the deposited amount in favour of the beneficiaries within a week from the date of communication received from the Court below. 10. With the aforesaid observation/direction, the Writ Petition stands disposed of. 11. Urgent certified copy of this order be granted on proper application as per rules. (S.K. MISHRA) JUDGE Orissa High Court, Cuttack Dated, 30th November, 2023/Padma Signature Not Verified Digitally Signed Signed by: PADMA CHARAN DASH Designation: Personal Assistant Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 03-Dec-2023 13:29:12 W.P.(C) No.38770 of 2023 Page 6 of 6