Gauhati High Court
WP(C)/6464/2024 of JINTU BORA @ JINTO BORAH Vs MEMBER NO.3, MOTOR ACCIDENT CLAIMS TRIBUNAL on 21 June 2026
GAHC010244402024 2026:GAU-AS:9196 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6464/2024 JINTU BORA @ JINTO BORAH S/O- SRI DULU BORAH, RESIDENT OF VILLAGE- LICHUBARI, BARBHETA CHAPARI, P.O.- RARHAYA, P.S. JORHAT, DIST- JORHAT, ASSAM, PIN-
GAHC010244402024
2026:GAU-AS:9196
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6464/2024
JINTU BORA @ JINTO BORAH
S/O- SRI DULU BORAH, RESIDENT OF VILLAGE- LICHUBARI, BARBHETA
CHAPARI, P.O.- RARHAYA, P.S. JORHAT, DIST- JORHAT, ASSAM, PIN- 785004
VERSUS
MEMBER NO.3, MOTOR ACCIDENT CLAIMS TRIBUNAL
KAMRUP (METRO) AT GUWAHATI, BHARALUMUKH, PIN- 781009
For the Applicant(s) : Mr. S. I. Akand, Advocate For the Respondent(s) : Mr. H. K. Das, Sr. Advocate Mr. N. K. Sarmah, Advocate BEFORE
HON’BLE MR. JUSTICE DEVASHIS BARUAH
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O R D E R
22.06.2026
Heard Mr. S. I. Akand, the learned counsel appearing on behalf of the Petitioner. Mr. H. K. Das, the learned Senior Counsel assisted by Mr. N. K. Sarmah, the learned counsel appears on behalf of the Respondent.
2. The instant application has been filed under Article 227 of the Constitution challenging the order dated 01.08.2024 passed in MAC Case No.2832/2015 whereby the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup (M) at Guwahati rejected the application filed by the Petitioner seeking withdrawal of Rs.3,00,000/-out of the remaining fixed deposit amount as premature.
3. The materials on record show that vide an award dated 26.04.2018 passed in MAC Case No.2832/2015, the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup (M) awarded the Petitioner an amount of Rs.7,82,300/- along with interest at the rate of 7.5% per annum from the date of filing of the claim petition till realization. It was also directed in the said award that a sum of Rs.6,00,000/- out of the awarded amount be deposited in a nationalized bank as FD in the name of the Petitioner for a period of 10 years and the bank was granted the liberty to release the interest portion if so chosen by the Petitioner.
4. On account of difficulty, the Petitioner filed an application for release of an amount of Rs.2,00,000/- out of the fixed deposit amount and vide an order dated 28.12.2021, the learned
Member, Motor Accident Claims Tribunal No. 3, Kamrup (M) at Guwahati directed the release of an amount of Rs.1,50,000/- in favour of the Petitioner.
5. Subsequent thereto, as the Petitioner needed a further amount for opening of the grocery shop, he filed another application on 01.08.2024 seeking release of Rs.3,00,000/-. The said application was rejected by the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup (M) vide an order dated 01.08.2024 and it is under such circumstances, the present proceedings have been filed.
6. Mr. S. I. Akand, the learned counsel appearing on behalf of the Petitioner submitted that the Petitioner is in urgent need of money and on account of the inflation, the amount of Rs.3,00,000/- which was required in 2024 for setting up of the grocery shop has now become Rs.4,50,000/-.
7. This Court has duly taken note of that the compensation which is being paid is for the benefit of the Petitioner. In the instant case, the Petitioner wants to open up a grocery shop, and if the amount lies in the fixed deposit, the Petitioner would not be able to open the grocery shop. The very essence of providing compensation which is in the form of rehabilitation would become otiose if the amount only remains in the fixed deposit.
8. Considering the above, this Court therefore interferes with the order dated 01.08.2024 and further directs the Assam Gramin Vikash Bank to release the entire amount of the fixed deposit along with the interest accrued thereupon to the Petitioner on submission of a certified copy of the present order.
9. The said release shall be subject to the Petitioner providing the identity proof and the transfer shall only be made to the bank account of the Petitioner through NEFT/RTGS.
JUDGE Comparing Assistant