Page No.# 1/5 GAHC010266802025 undefined 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 Date : 16.12.2025 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 Page No.# 2/5 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 Page No.# 3/5 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 Page No.# 4/5 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 further role in adjudication of the issue before this Court in this Revision Application. 14. This Court finds logic in the submission of the learned counsel for the petitioner that as the quantum of compensation awarded by the Motor Accident Claims Tribunal, Barpeta has been reduced by this Court in the appeal filed by the Insurance Company, the direction regarding opening of FDRs by the petitioner is also required to be modified. 15. Considering the submissions made by the learned counsel for the petitioner as well as the facts of this case in its entirety, the direction to the petitioner by the Motor Accident Claims Tribunal in its judgment and award dated 18.09.2021 passed in MAC Case No. 173/2019 regarding opening of 40 FDR of Rs. 25,000/- in her name is hereby modified to the extent that the Motor Accident Claims Tribunal shall release 50% of the amount deposited by the Insurance Company before it, i.e., Rs. 6,83,464/- to the present petitioner and remaining 50% shall be utilized by the claimant for opening the fixed deposit account in any bank of her choice for a term of minimum 40 months. 16. Other condition imposed in respect of the fixed deposits as Page No.# 5/5 mentioned by the Motor Accident Claims Tribunal, in paragraph No. 31 of its judgment dated 18.09.2021 shall remain as it is. 17. In view of the above observation, this Civil Revision Petition (IO) is disposed of without issuing notice to the respondent. JUDGE Comparing Assistant