Final Order 1

Order Details: Order on Exh.
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MHMT010023882026
IN THE MOTOR ACCIDENT CLAIMS TRIBUNAL AT
MUMBAI
MISC. APPLICATION NO. 588 OF 2026
IN M.A.C.P. NO. 225 OF 2023
Mrs. Ashwini Deepak Hojage … Applicant/Claimant
Versus
Shri Naushad Ahmad Siddhique & Anr. … Opponents
ORDER
1. The present Miscellaneous Application is filed by the
applicant/claimant seeking release of the settlement
amount of 2,00,000/-	₹ deposited by the respondent–
Oriental Insurance Company Ltd. with this Tribunal and its
transfer to her verified bank account. The applicant has also
sought appropriate relief regarding court-fee on the ground
that the original claim proceeding was amicably settled
through mediation.
2. Perused the application, affidavit in support thereof,
settlement/consent terms, Award passed in M.A.C.P.
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No.225 of 2023, office reports, bank particulars, cancelled
cheque and identity credentials produced by the applicant.
3. The record reveals that the original claim application
was referred to mediation and the parties arrived at an
amicable settlement. After verification of the consent terms
by the parties and the authorised representative of the
insurer, an Award came to be passed on 23.07.2026,
whereby the claim was settled for a full and final amount of
2,00,000/-	₹ , inclusive of NFL, if any. The insurer was
specifically directed to deposit the compensation directly
into the bank account of the applicant within six weeks. The
applicant was directed to furnish her identity credentials
and particulars of her bank account for that purpose.
4. The office report shows that, instead of remitting the
amount directly to the applicant's account as contemplated
by the Award, the insurer has deposited 2,00,000/- with	₹
MACT, Mumbai through NEFT on 05.08.2026, vide C.
No.499/26. The Registrar has further reported that no
order of the Hon'ble High Court in this matter has been
received by the Tribunal. Thus, there appears to be no
impediment disclosed from the record against release of the
amount in accordance with the Award.
5. The applicant has produced her bank particulars
together with the cancelled cheque and supporting
documents. The identity credentials placed on record
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correspond with the name of the applicant. She has also
affirmed on oath that the account furnished by her belongs
to her and that the particulars supplied are true and correct.
Therefore, subject to the usual verification by the Accounts
Branch, the amount deposited with the Tribunal deserves to
be transferred directly to the verified bank account of the
applicant.
6. In Parminder Singh v. Honey Goyal & Ors., 2025
INSC 361, the Hon'ble Supreme Court emphasised that
compensation under the Motor Vehicles Act should, as far
as practicable, be directly transferred into the verified bank
account of the claimant. The Court observed that such a
procedure avoids unnecessary delay in actual receipt of
compensation and the consequent loss to the claimant. The
transfer into the account particulars furnished by the
claimant and incorporated/verified in the proceedings may
be treated as satisfaction of the award. The principle
squarely supports release by electronic transfer in the
present case.
7. Earlier, in General Manager, Kerala S.R.T.C. v.
Susamma Thomas, (1994) 2 SCC 176, the Hon'ble Supreme
Court emphasised that directions concerning investment
and disbursement are intended to protect the compensation
payable to victims and dependants and not to unnecessarily
deprive a competent claimant of the beneficial enjoyment of
the compensation. The present applicant is a major
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claimant, the amount is only 2,00,000/-, the claim stands	₹
finally settled, and no circumstance warranting withholding
the amount is apparent from the record.
8. So far as the prayer relating to court-fee is concerned,
the claim was settled through mediation. The Division
Bench of the Hon'ble Bombay High Court in Suo Motu Writ
Petition No.1 of 2013, Refund of Court Fees in Matters
Settled by Lok Adalats v. Chief Secretary, Government of
Goa & Anr., decided on 23.10.2013, reported in (2014) 1
Mh.L.J. 925 / 2014 (7) ALL MR 850, held, in the context of
motor accident claim petitions, that fees paid by claimants
do not lose their character as court-fees merely because
they are described as “fees” under the Motor Vehicles Rules,
and recognised the entitlement to refund where the
proceeding is settled through the statutorily recognised
mode of settlement. The Hon'ble Bombay High Court has
also recently reiterated that where proceedings referred
under Section 89 CPC are settled through mediation, the
statutory benefit concerning refund of court-fee follows the
settlement. Aaishwarya Ravindra Bedre & Anr. v. State of
Maharashtra & Ors., decided on 10.02.2026.
9. Consequently, the fact that the Award directed
payment of deficit court-fee cannot justify withholding the
compensation indefinitely when the claim itself was
disposed of on the basis of a mediated settlement. The
appropriate course is to give effect to the settlement and
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Award while extending to the applicant such benefit
regarding court-fee/refund as is permissible under the
applicable statutory provisions. In these circumstances, the
application deserves to be allowed.
ORDER
(i) Miscellaneous Application No.588 of 2026 is allowed.
(ii) The Accounts Officer/concerned officer of the Motor
Accident Claims Tribunal, Mumbai shall, after verifying the
applicant's identity, bank-account particulars and the
amount actually credited/deposited in the present matter,
transfer 2,00,000/- (Rupees Two Lakh only), together	₹
with interest accrued thereon, if any and if payable, directly
by NEFT/RTGS/ECS to the verified bank account standing
in the sole name of applicant Mrs. Ashwini Deepak Hojage,
particulars whereof are already produced on record.
(iii) Before remittance, the Accounts Branch shall verify the
particulars from the cancelled cheque/bank document
produced on record and shall ensure that the amount is
credited only to the verified account of the applicant.
(iv) In view of disposal of the original claim through
mediation, the applicant shall be entitled to the benefit of
refund/remission of court-fee to the extent permissible
under the applicable statutory provisions, and the
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concerned office shall issue the requisite certificate/order
for refund, if required, in accordance with law. The earlier
direction regarding deficit court-fee shall accordingly be
read subject to the statutory consequence flowing from the
mediated settlement.
(v) Upon electronic transfer of the aforesaid amount and
completion of necessary accounting formalities, the
settlement Award shall stand satisfied to that extent and the
Miscellaneous Application shall stand disposed of.
(vi) No order as to costs.
Pronounced in open Tribunal.
Mumbai.
Date: 24/09/2026
(Shashikant Eknathrao Bangar),
Member, CR3,
Motor Accident Claims Tribunal,
Greater Mumbai.
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