Gauhati High Court revised an MACT order regarding a fixed deposit of Rs. 50,000. Recognizing the petitioner's financial crisis and a prior settlement, the Court ordered immediate withdrawal of funds.
Directed MACT to allow withdrawal of Rs. 50,000 fixed deposit forthwith.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/2
GAHC010007142021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP/4/2021
RATAN KR. DAS
S/O. LT. DINESH CH. DAS, VILL. BHALUKDUBI SONAPUR, P.S. GOALPARA, DIST. GOALPARA, ASSAM.
VERSUS
TATA AIG GENERAL INSURANCE CO. LTD. AND 2 ORS. REP. BY ITS MANAGER, LEGAL CLAIMS, 3RD FLOOR, MAYUR GARDENS, OPPOSITE HDFC BANK, G.S. ROAD, GUWAHATI DIST. KAMRUP (M), ASSAM-781005 (INSURER OF VEHICLE NUMBER AS-18C-9371)
2:SAMISA BEGUM W/O. ATIKUR RAHMAN (OWNER OF VEHICLE NUMBER AS-18C-9371) R/O. WARD NO.2 GOALPARA TOWN P.S. GOALPARA DIST. GOALPARA ASSAM-783101.
3:ATIKUR RAHMAN S/O. JULFIKAR ALI (DRIVER OF VEHICLE NUMBER AS-18C-9371) R/O. WARD NO.2 GOALPARA TOWN P.S. GOALPARA DIST. GOALPARA ASSAM-783101
Advocate for the Petitioner : MR. D DAS
Advocate for the Respondent :
Page No.# 2/2
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 03-02-2021
Heard Mr. D. Das, learned counsel for the petitioner.
This revision is directed against the order dated 13.10.2020 passed by the learned Member, MACT, Goalpara in MAC Case No.78/2019, thereby directing that a sum of Rs.50,000/- be kept in a nationalized bank as a fixed deposit for a period of 5 years.
It is projected that the petitioner has suffered total loss of income and is facing financial crisis and he is also indebted to several people who had assisted him.
Under such circumstances, the Court is of the considered opinion that as this is not an adversorial matter, there is no necessity of issuing any notice on the respondents as this is an issue which the Court has to take a considered decision.
It is seen that the parties had approached the District Mediation Centre and had arrived at a settlement agreement by which the claim of the petitioner was amicably settled at Rs.1,30,000/-. Therefore, it is presumed that the petitioner-claimant was in pressing need for money, as such, taking note of the difficulties faced by the petitioner as projected, the Court is inclined to allow this revision and the learned Member, MACT, Goalpara is directed to do the needful so that the petitioner may be able to withdraw the sum of Rs.50,000/- forthwith from the nationalized bank where the same is kept as a fixed deposit for a period of 5 years.
Accordingly, the order dated 13.10.2020 passed by learned Member, MACT, Goalpara stands modified/ altered in terms of this order and to the extent as indicated above.
The revision stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether to allow revision against MACT order directing refund to remain fixed deposit pending settlement.
Whether petitioner's financial crisis justifies immediate withdrawal of fixed deposit.
RATAN KR. DAS
TATA AIG GENERAL INSURANCE CO. LTD.
SAMISA BEGUM
ATIKUR RAHMAN
KALYAN RAI SURANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
