Extracted from the PDF above. The PDF is authoritative.
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2026:GAU-AS:9860
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/2060/2026 RADHIKA DEVI W/O LT. SUBHA KOIRI, R/O VILL. TAL GEREKI, P.O. AND P.S. TEZPUR, DIST.
SONITPUR, ASSAM, PIN-784001 2: MINU KUMARI D/O LT. ANIL KOIRI R/O VILL. TAL GEREKI P.O. AND P.S. TEZPUR DIST. SONITPUR ASSAM PIN-784001 3: SURAJ KOIRI S/O LT. ANIL KOIRI R/O VILL. TAL GEREKI P.O. AND P.S. TEZPUR DIST. SONITPUR ASSAM PIN-784001 4: DIPAK KOIRI S/O LT. ANIL KOIRI R/O VILL. TAL GEREKI P.O. AND P.S. TEZPUR DIST. SONITPUR ASSAM PIN-784001 ( THE APPLICANTS NO. 3 AND 4 ARE DULY REP. BY THE APPLICANT NO. 1 AS THE APPLICANTS NO. 3 AND 4 ARE MINORS AND HAVE NO. ATTAINED THE AGE OF MAJORITY THE APPLICANT NO. 1 IS THE GRANDMOTHER OF THE APPLICANTS NO.
3 AND 4 VERSUS
Page No.# 2/5 M/S MADHABI BISCUITS PVT LTD HAVING ADDRESS AS N.C. ROAD, TEZPUR, P.O. AND P.S. TEZPUR, ASSAM, PIN-784001, (OWNER OF THE VEHICLE NO. AS-12-E/7205 TRUCK) 2:LAKHAN YADAY S/O LT. MONAKHI YADAV R/O VILL. TAL GEREKI P.O. AND P.S. TEZPUR DIST. SONITPUR ASSAM-784001(DRIVER OF THE VEHICLE BEARING REGISTRATION NO. AS12/E/7205) 3:THE ORIENTAL INSURANCE CO. LTD.
GUWAHATI REGIONAL OFFICE GODREJ BUILDING G.S. ROAD GUWAHATI-781007 ASSAM (INSURER OF THE VEHICLE NO. AS/12-E/7205 Advocate for the Petitioner : MR. S K SINGH, MR. P SUNDI Advocate for the Respondent : , In MACApp. Case No. 668/2022 With MACApp. Case No. 668/2022
BEFORE HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER 17.07.2026 [1] Heard Mr. P. Sundi, the learned counsel for the applicants. Also heard Mr. A.J. Saikia, the learned counsel for the respondent No. 3. [2] This interlocutory application has been filed by the applicant, in connection with MAC Appeal Case
Page No.# 3/5 No. 668/2022, seeking a direction from this court to the bank in which the some portion of the awarded amount was deposited as fixed deposit, in pursuant to the directions of the Motor Accident Claims Tribunal, Sonitpur in MAC Case No. 65/2017(D). [3] Mr. P. Sundi, the learned counsel for the applicant submits that the aforesaid case, i.e., MAC Case No. 65/2017 (D) was allowed by the Motor Accident Claims Tribunal, Sonitpur on 24.09.2018 whereby, compensation amount of Rs. 8,72,400/- (Rupees Eight Lakh Seventy Two Thousand Four Hundred) only was
directed to the present applicants, along with an interest at the rate of 6% per annum. [4] He submits that as on the date of passing of the aforesaid award, the applicant Nos. 2,3 and 4 were minor, the Tribunal directed that Rs. 2,00,000/-each (Rupees Two Lakh) only out of the awarded amount shall be deposited in a bank against the claimant Nos. 2,3 and 4 in fixed deposit for different period. It was directed that against the applicant No. 2, namely, Smti Minu Kumari an amount of Rs. 2,00,000/- (Rupees Two Lakh) only shall be deposited in fixed deposit for a period of 5(five) years and accordingly, same was done in the Punjab National Bank, Tezpur Branch with account No. 0010109133471 for a period of 5(five) years. [5] The learned counsel for the applicants
Page No.# 4/5 submits that the amount deposited against the claimant No. 2, namely, Smti Minu Kumari in fixed deposit in the aforesaid account for a period of 5(five) years has matured as the said period has lapsed. However, when the aforesaid claimant approached the bank authority for disbursal of the said amount, she was informed that the bank has auto-renewed the said fixed deposit amount for another 5(five) years, and it can be disbursed only if the court directs to do so. [6] I have considered the submissions made by the learned counsel for both sides. It appears that the present applicants have preferred the connected MACAppeal No. 668/2022 praying for enhancement of the awarded amount. It also appears that on perusal of the impugned judgment that asum of Rs. 2,00,000/- (Rupees Two Lakh) only was directed to be deposited in the name of claimant, Smti Minu Kumari for a period of 5(five) years only. As the said period of 5(five) years has lapsed, the said amount has to be disbursed to the claimant No. 2, namely, Minu Kumari. Accordingly, the Branch Manager Punjab National Bank, Tezpur Branch is
directed to disburse the maturity amount, which has been deposited in Account No. 0010109133471 with Customer DI No. 073200009 to the applicant No. 2, Smti Minu Kumari on production of a copy of this order by her. [7] This interlocutory application is, accordingly,
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disposed of.
JUDGE Comparing Assistant