Page No.# 1/5 GAHC010273772024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP/3/2025 REGINA @ REJINA MAWI AND 3 ORS. W/O- LATE LALDINMAWIA, PERMANENT RESIDENT OF HOUSE NO. 20, AIZAWL MUNICIPAL COUNCIL, 16, ZONUAM I, TOWN/VILL- AIZAWL, DIST. AIZAWL, PIN- 796009 AND TEMPORARILY RESIDING AT OFFICIAL QUARTER OF THE DY. RESIDENT COMMISSIONER OFFICE, MIZORAM HOUSE, GOVT. OF MIZORAM, NEAR KUNJALATA, G.S. ROAD, OLD POST OFFICE, GUWAHATI, P.O. AND P.S. DISPUR, DIST. KAMRUP(M), ASSAM, PIN- 781005. 2: ELIZABETH LALMIHRIATI D/O- LATE LALDINMAWIA PERMANENT RESIDENT OF NEW BAZAR CHURACHANDPUR P.S. NEW LANKA DIST. LANKA (MANIPUR) PIN- 795128 PRESENT ADDRESS- F-118 JEEWAN PARK UTTAM NAGAR WEST DELHI DELHI-110059. 3: SOLOMON LALMALSAWMA S/O- LATE LALDINMAWIA PERMANENT RESIDENT OF NEW BAZAR CHURACHANDPUR P.S. NEW LANKA DIST. LANKA (MANIPUR) PIN- 795128 PRESENT ADDRESS- F-118 JEEWAN PARK UTTAM NAGAR WEST DELHI DELHI-110059. Page No.# 2/5 4: LALZIKPUII PERMANENT ADDRESS- AIZAWL MUNICIPAL COUNCIL 16 ZONUAM I TOWN/VILL- AIZAWL DIST. AIZAWL PIN- 796009 AND PRESENT ADDRESS- C/O- DY. RESIDENT COMMISSIONER OFFICE GOVT. OF MIZORAM NEAR KUNJALATA LODGE CHRISTIAN BASTI G.S. ROAD GUWAHATI P.O. AND P.S. DISPUR DIST. KAMRUP(M) ASSAM PIN- 781005 VERSUS THE RELIANCE GENERAL INSURANCE CO. AND ANR. HAVING ITS REGISTERED OFFICE AND HEAD OFFICE SITUATED AT H BLOCK FIRST FLOOR DHIRUBHAI AMBANI KNOWLEDGE CITY, NAVI MUMBAI-400710 AND BRANCH OFFICE AT 5TH FLOOR, PARAG PLAZA, G.S. ROAD, BHANGAGARH, GUWAHATI, ASSAM-781005. 2:THE ASSAM GRAMIN VIKASH BANK HAVING ITS HEAD OFFICE SITUATED AT G S ROAD BHANGAGARH GUWAHATI ASSAM-781005 AND ONE OF ITS GUWAHATI BRANCH OFFICE SITUATED AT NAOJAN ROAD UZANBAZAR GUWAHATI-781001 Advocate for the Petitioner : MR. B K JAIN, Advocate for the Respondent : MR. R GOSWAMI (R-1), MS. M SAIKIA(R-1) BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Page No.# 3/5 06.02.2026 Heard learned counsel Mr. B. K. Jain for the petitioner, Mrs. Regina @ Rejina Mawi and 3 ors. and learned counsel Ms. M. Saikia for the Insurance Company. 2. It is submitted by the learned counsel for the petitioners that this revision petition is preferred against the impugned order dated 11.11.2024, passed by the Member, MACT No. 2 Kamrup (M) in connection with MAC Case No. 541/2009. The petitioners filed the Petition No. 8751 dated 25.10.2024 with prayer to release the fixed deposit amount of Rs. 2,00,000/- each in 14 accounts and one fixed deposit of Rs. 80,000/- which tantamounts to a total of Rs. 28,80,015/-. 3. It was also ordered that the entire amount of Rs. 28,80,015 is to be fixed for 15 years in various fixed deposit accounts in the name of the petitioner no.1/ claimant no.1 Mrs. Regina @ Rejina Mawi. The learned Member of the MACT, however did not allow the petition for withdrawal, and by partly allowing the prayer passed an order to withdraw an amount of only Rs. 50,000/- in her name from the FDR No. 152869 and the remaining amount was directed to be kept as fixed deposits in the name of the petitioners. At present, it is submitted that the petitioner No. 1 has prayed for withdrawal of the entire amount owing to the change in circumstances. 4. The petitioner’s son who is petitioner no. 2 is suffering from chronic tuberculosis pleural effusion coupled with pleural empyema with other severe multiple ailments for the several years. He is undergoing regular treatment in different hospitals. Recently, he underwent medical treatment at Mata Chanan Devi Hospital in New Delhi on 05.04.2024, 15.04.2024, 29.04.2024 and 13.05.2024. Later he underwent treatment for his ailment at Deen Dayal Upadhyay Hospital, New Delhi on 28.05.2024. He also underwent further Page No.# 4/5 specialized treatment at the MAX Healthcare at Saket, New Delhi on 18.07.2024 and 23.07.2024. An additional affidavit has been filed with the documents of treatment undertaken by Mr. Solomon Lalmalsawma at MAX Hospital, and he has been referred to the forensic surgeon vide Annexure-8. The entire treatment requires sufficient funds as the petitioner had to bear the expenses for the treatment of her son. The earlier order was passed by the MACT on 27.04.2018 in MAC Case No. 541/2009 awarding compensation on account of death of the petitioner no.1's husband in a motor vehicle accident. 5. It is submitted that the compensation was awarded under a beneficial legislation, and if the petitioner is not allowed to withdraw the amount fixed in her account for treatment of her son, the petitioner will be highly prejudiced even after the judgment and award was passed in her favour. 6. The learned counsel for the Insurance Company has no objection. This petition is filed under Article 227 of the Constitution of India read with Sections 115 and 151 of the Code of Civil Procedure. 7. Considering all aspects, and for the interest of Justice the impugned order dated 11.11.2024, is modified in so far as the order to the petitioner to withdraw only 50,000/- from her fixed deposit accounts is concerned. The petitioner is hereby allowed to withdraw the entire amount of Rs. 26,30,015/- which have been kept in different fixed deposit accounts in the name of the petitioner. 8. In terms of the above observation, this petition stands disposed of. JUDGE Page No.# 5/5 Comparing Assistant