[2025:RJ-JP:47056] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17297/2025 1. Kalli son of Phudi, Aged About 44 Years, 2. Ramkrishan son of Kalli, aged about 26 Years, 3. Srikant son of Kalli, aged about 22 Years, 4. Suraj son of Kalli, aged about 18 Years, 5. Laxminarayan son of Kalli, aged about 18 Years, All resident of Village Jarah, Police Station, Saray Chhola, District Murena (Madhya Pradesh) ----Petitioners Versus 1. United Insurance Company Limited, through its Branch Office, Dhoolkot Road, Dholpur (Insurance Company of Car No. RJ-11/CA-688) 2. Akeel Khan son of Shakeel Khan, resident of Itaypada, Purana Shahar, Dholpur, Police Station, Kotwali, Dholpur, Tehsil and District Dholpur (Rajasthan). (Owner of car No. RJ11/CA-0688) ----Respondents For Petitioner(s) : Mr. Dinesh Kumar Garg Ms. Hemlata Agarwal For Respondent(s) : -- HON'BLE MR. JUSTICE SANJEET PUROHIT Order 20/11/2025 1. The present writ petition has been filed with the following prayer: "It is, therefore, humbly prayed that this Hon'ble Court may be pleased to accept and allow this writ petition, call for the entire record pertaining to the present matter, set aside the impugned order dated 26.09.2025 passed by the learned Judge Motor Accident Claim Tribunal Dholpur (Rajasthan) in Mac Case No.286/2021 and direct the learned Tribunal to disburse the amount of compensation as per terms and condition of the award dated 07.11.2024. [2025:RJ-JP:47056] (2 of 4) [CW-17297/2025] Such other order which this Hon'ble Court deems fit and proper in the facts and circumstances of the case also be passed in favour of humble petitioners alongwith cost." 2. Learned counsel for the petitioners submits that MACT claim petition was filed by the petitioners and the same has been decided by the learned MACT Court, Dholpur (hereinafter referred to as learned 'Tribunal') vide judgment dated 07.11.2024 whereby compensation to the tune of Rs.9,10,060/- alongwith 6% interest has been awarded in favour of the petitioners. The said judgment dated 07.11.2024 nowhere contains any stipulation requiring the awarded amount to be kept in fix deposit. In pursuance thereof, the insurance company has deposited the entire amount with the learned Tribunal. Thereafter, the petitioners moved an application on 26.09.2025 requesting transfer of the awarded amount to their new bank account. 2.1 Learned counsel for the petitioners further submits that while passing the order dated 26.09.2025, the learned Tribunal in the first part of the order, allowed the application: however, in the later part of the order, learned Tribunal has suo motu directed that the amount of compensation shall be kept in fix deposit. It is contended that as a matter of fact, there was no specific directions contained in the original judgment dated 07.11.2024 for keeping the amount in fixed deposit and even the insurance company has deposited the entire amount with the learned Tribunal. 4. Learned counsel for the petitioners states that as per the intimation given, leave to appeal against the final judgment dated 07.11.2024 has been filed by the respondent insurance company. Therefore, it is contended that the order impugned dated 26.09.2025 passed by the learned Tribunal is running beyond and [2025:RJ-JP:47056] (3 of 4) [CW-17297/2025] is contrary to the directions contained in the original judgment dated 07.11.2024 and therefore, the same is not sustainable in the eye of law. Learned counsel for the petitioners has relied upon the judgment dated 06.11.2025 passed by a Coordinate Bench of this Court in the case of Usha & Ors Vs. ICICI Lombard General Insurance Company Limited and Anr. (S.B. Civil Writ Petition No.16762/2025), the same is reproduced hereunder: - "1. This petition has been filed seeking following prayer:- "It is, therefore, humbly prayed that this Hon'ble Court may be pleased to accept and allow this writ petition, call for the entire record pertaining to the present matter, set aside the impugned order dated 03.09.2025 passed by the learned Judge, Motor Accident Claims Tribunal, Dholpur in MAC Case No.263/2021 and amount of interest to the tune of Rs. 13,55,173/- may be disbursed to the petitioner No.1 in her saving bank account as per award dated 29.11.2024 passed by the learned Tribunal. Such other order which this Hon'ble Court deems fit and proper in the facts and circumstances of the case also be passed in favour of humble petitioners along with cost." 2. Learned counsel for the petitioners submits that while deciding the claim petition filed by the petitioners before learned Motor Accident Claims Tribunal, Dholpur (Rajasthan) (hereinafter referred to as learned ‘Tribunal’), the learned Tribunal vide award dated 29.11.2024 has ordered the disbursement of the amount of Rs.6,84,817/- along with the interest, in the savings bank account of petitioner No.1 and remaining amount of the award to be kept in FDRs. Learned counsel further submits that after depositing the award amount with the learned Tribunal, the learned Tribunal vide order dated 03.09.2025 modified its earlier order of disbursement to the extent that Rs.55,84,817/- was ordered to be disbursed in favour of the petitioners, whereas, the amount of interest i.e. Rs.13,55,173/-, which was previously directed to be disbursed to petitioner No.1 in her savings bank account, was ordered to be kept in FDR for a period of ten years. 3. Learned counsel for the petitioners contends that after passing of the award dated 29.11.2024 and [2025:RJ-JP:47056] (4 of 4) [CW-17297/2025] disbursement of the award, the learned Tribunal has become functus officio, therefore, the learned Tribunal has no right to modify the conditions of disbursement of its earlier award. It is further prayed that the order dated 03.09.2025, whereby, the learned Tribunal has ordered to deposit the amount of interest in a FDR for a period often years, be quashed and set aside and the learned Tribunal be directed to disburse the amount as per its earlier order dated29.11.2024.4.In that view of the matter, this petition is allowed and the order dated 03.09.2025 passed by learned Motor Accident Claims Tribunal, Dholpur (Rajasthan) is quashed and set aside and the learned Tribunal is directed to disburse the amount of interest as per its earlier order of disbursement dated 29.11.2024.5.Stay application and other pending applications, if any, also stand disposed of." 5. This Court is satisfied that the order impugned passed by the learned Tribunal is clearly beyond and contrary to the terms of the original judgment dated 07.11.2024 and there was no justification available with the learned Tribunal to change the terms of the original judgment and to direct that the amount of compensation be kept in fixed deposit. Such a direction would deprive the petitioners from the benefits arising out of the original judgment dated 07.11.2024 and the very purpose of grant of compensation to the dependent-claimants would stands frustrated. 6. Accordingly, the instant writ petition is allowed. The impugned order dated 26.09.2025 passed by learned Motor Accident Claims Tribunal, Dholpur (Rajasthan) in MAC Case No.286/2021 is quashed and set aside and the learned Tribunal is directed to disburse the amount as awarded in the original judgment dated 07.11.2024. (SANJEET PUROHIT),J Dharmendra Rakhecha /749