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2009 DIGILAW 153 (GAU)

Joymanon Maibangsa v. Union of India

2009-02-27

A.C.UPADHYAY, J.CHELAMESWAR

body2009
ORDER A.C. Upadhyay, J. 1. This Misc. case has been filed by applicant, Rajkumar Maibangsa (writ Petitioner No. 2), for a direction to the Respondent No. 3 to issue fresh draft in his name for an amount of Rs. 1.50 lakhs, which was awarded as compensation in connection with WP(C) No. 8287/2001. 2. Heard Mr. AC Borbora, learned senior counsel assisted by Mr. K. Dutta, learned Counsel for the applicant. Also heard Mr. A.C. Buragohain, learned standing counsel CBI, Mr. B.C. Das, learned Amicus Curiae and Mrs. B. Goyal, learned Government Advocate Assam. 3. In the instant case, out of the two Petitioners, in the WP(C) No. 8287/2001, who were awarded a compensation of Rs. 1.50 lakhs by an order dated 11.5.2006 of this Court, the first writ Petitioner Sri Joymanon Maibangsa died during the pendency of the matter and after his death, the applicant herein (writ Petitioner No. 2) approached this Court by way of this Misc. case praying for a direction to the Respondent No. 3 to issue a draft for the entire amount of Rs. 1.50 lakhs in his favour. The amount of compensation was awarded under the Public Law Damages on account of killing of Sri Nibulal Langthasa, son of Joymanon Maibangsa (Writ Petitioner No. 1) and brother of the applicant in the present misc. case. It has been admitted by the applicant that the deceased was married and at the time of his death, his wife was pregnant. It is to be noted herein that the wife of the deceased was not made a party in the writ proceeding nor any information was furnished to the Court in respect of the offspring. 4. Mr. AC Borbora, learned senior counsel appearing on behalf of the applicant submitted that the wife of the deceased brother of the applicant gave birth to a female child on 20.11.2001 and both mother and her female child are residing together with the family of the applicant. Further, Mr. Borbora learned senior counsel submitted that the Petitioner will have no objection if the entire amount of compensation of Rs. 1,50,000/-, awarded by this Court in WP(C) No. 8287/2001 is deposited in the name of the minor daughter of his deceased brother, in a fixed deposit. Learned Counsels appearing on behalf of the Respondents do not have any objection to the proposal of Mr. 1,50,000/-, awarded by this Court in WP(C) No. 8287/2001 is deposited in the name of the minor daughter of his deceased brother, in a fixed deposit. Learned Counsels appearing on behalf of the Respondents do not have any objection to the proposal of Mr. Borbora, learned senior counsel appearing on behalf of the applicant. 5. In view of the above agreement, we hereby proceed to dispose of the present Misc. case as follows: Paramount consideration being the interest of the minor child, it would be in the fitness of things, to keep the entire amount of compensation awarded in this case in the name of the minor child, Jaymika Maibangsa @ Joimika Maibangsa, in a high interest bearing fixed deposit scheme, in any Nationalized Bank situated near the place where the mother of the minor child, Smt. Rabitha Maibangsa is at present residing, until the minor attains majority, with an option to withdraw the interest accrued out of the amount deposited, within a span of every three months. This arrangement of quarterly withdrawal is considered necessary for the purpose of proper maintenance and up-bringing of the minor child. 6. In view of the above, the Respondent No. 3 is hereby directed to deposit the said amount of Rs. 1.5 lakhs with the Registry of this High Court, within a period of two months from today. The Registrar General on receipt of the amount aforesaid shall issue necessary direction to deposit the entire amount of Rs. 1.50 lakhs in the, name of Miss Joimika Maibangsa @ Jaymika Maibangsa, in a high interest bearing fixed deposit scheme, in any branch of Nationalized Bank, situated in the locality where Smt. Rabitha Maibangsa, the mother of minor Joimika, is residing permanently, with an option to Smt. Rabitha Maibangsa, to withdraw the interest accrued to the amount deposited in the Bank within a span of every three months. With the above direction this Misc. petition stands disposed of. Petition allowed