GAHC010266802025

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : CRP(IO)/499/2025

SMTI SABITRI DEKA

WIFE OF SRI PARESH DEKA, RESIDENT OF VILLAGE- KHUDRA GOMURA,

P.S. SARTHEBARI, DISTRICT-BARPETA, ASSAM

VERSUS

HDFC ERGO GIC LTD.

HAVING ITS REGISTERED AND HEAD OFFICE AT RAMON HOUSE, H.T.

PAREKH MARG 169, BACK BAY RECLAMATION, MUMBAI- 400020 AND ITS

GUWAHATI BRANCH OFFICE AT ADITYYAM BUILDING, 6TH FLOOR,

LACHIT NAGAR, G.S. ROAD, GUWAHATI-781007

Advocate for the Petitioner : MR D MONDAL, L ALI

Advocate for the Respondent : ,

BEFORE

HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

ORDER

16.12.2025

Date :

1. Heard Mr. D. Mondal, the learned counsel for the petitioner.

2. This application under Section 227 of the Constitution of India has been filed by the petitioner/claimant No. 2 impugning the

order dated 20.11.2025, passed by the Motor Accident Claims Tribunal of Barpeta, in MAC Case No. 173/2019, whereby the prayer for releasing the compensation amount of Rs. 6,83,464/- deposited by the Insurance Company before the learned Tribunal, was rejected.

3. The learned counsel for the petitioner has submitted that the petitioner along with her husband had filed a motor accident claims case, which was registered as MAC Case No. 173/2019, before the Motor Accident Claims Tribunal, Barpeta, seeking compensation on account of death of her son in a vehicular accident.

4. The Motor Accident Claims Tribunal, Barpeta, by the judgment and award dated 18.09.2021, has allowed the claim of the petitioner and granted total compensation amount of Rs. 15,32,128/- along with an interest at the rate of 8% per annum on the date of filing of the claim in its realization to the present petitioner.

5. The learned counsel for the petitioner further submits that the respondent Insurance Company had preferred an appeal before this Court impugning the aforesaid judgment mainly aggrieved with the quantum of the compensation granted to the petitioner.

6. The said appeal was registered as MAC Appeal No.

300/2021.

7. By judgment dated 18.11.2024, passed in MAC Appeal No. 300/2021, this Court partially allowed the appeal preferred by the Insurance Company and the impugned judgment and award dated 18.09.2021 was modified to the extent that the Insurance Company was directed to pay a compensation amount of Rs.

11,90,400/- instead of Rs. 15,32,128/-

8. The learned counsel for the petitioner has submitted that out of the compensation amount allowed by this Court in the aforesaid MAC Appeal, the Insurance Company had deposited an amount of Rs.7,66,064/- before the Registry of this Court, which was allowed to be disbursed to the present petitioner and, therefore, the remaining amount of Rs. 6,83,464/- was deposited by the Insurance Company before the Tribunal in pursuant to the directions of this Court in MAC Appeal No. 300/2021.

9. The learned counsel for the petitioner has submitted that in the original judgment passed by the Motor Accident Claims Tribunal, the present petitioner was directed to open 40 FDRs of Rs. 25,000/- each in her name in any nationalized bank near her permanent residence for a period of 1 to 40 months.

10. However, he submits that the said direction is required to be modified in as much as quantum of compensation granted by the Motor Accident Claims Tribunal by its judgment dated 18.09.2021 has been decreased by this Court from Rs. 15,32,128/-

to Rs. 11,90,400/-.

11. Hence, the learned counsel for the petitioner submits that the directions of the Motor Accident Claims Tribunal regarding opening of 40 FDRs is required to be changed.

12. I have considered the submissions made by the learned counsel for the petitioner.

13. Though, petitioner has made the Insurance Company as the party in this Revision Petition, however, this Court is of the considered opinion that the Insurance Company has already deposited its due amount of Rs. 6,83,464/- before the Motor Accident Claims Tribunal, Barpeta and, therefore, it does not have any furthe