Final Order 1

Order Details: Order on Exh.
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MHMT010023902026
IN THE MOTOR ACCIDENT CLAIMS TRIBUNAL AT
MUMBAI
MISC. APPLICATION NO. 590 OF 2026
IN
M.A.C.P. NO. 218 OF 2023
Mr. Sagar Ramdas Toke …Applicant/Original Claimant
Versus
Shri Naushad Ahmed Siddique & Anr. …Opposite Parties
ORDER
1. The applicant/original claimant has preferred this
application seeking release of the compensation amount of
4,75,000/-	₹ deposited with this Tribunal by the
respondent–Oriental Insurance Company Ltd. and its
transfer to his bank account. He has also sought exemption
from payment of court fee on the ground that the original
claim was amicably settled through mediation.
2. Heard. Perused the application, affidavit, award dated
23.07.2026, settlement/Consent Terms, undertaking, office
reports, identity credentials, PAN/Aadhaar particulars,
cancelled cheque and bank particulars produced by the
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applicant.
3. The record reveals that the original claim was
amicably settled before the trained Judge Mediator. Upon
verification and acceptance of the Consent Terms by the
parties, the claim petition was disposed of by Award dated
23.07.2026 for a full and final compensation of
4,75,000/-	₹ , inclusive of NFL, if any. The award directed
the insurer to deposit the said amount directly into the bank
account of the applicant within six weeks.
4. The report of the Accounts Officer dated 23.09.2026,
however, shows that the respondent–Oriental Insurance
Company Ltd. deposited the entire amount of 4,75,000/-	₹
with MACT, Mumbai by NEFT on 05.08.2026, instead of
remitting it directly to the applicant's bank account. The
Registrar has further reported that, as per the office record,
no order from the Hon'ble High Court has been received in
the matter till the date of the report.
5. The applicant has furnished his identity credentials
and bank particulars. The cancelled cheque and Annexure-A
placed on record disclose the account in the name of Sagar
Ramdas Toke with Indian Overseas Bank, New Marine Lines
Branch, Mumbai, and correspond with the bank particulars
furnished in the application. The applicant has also
undertaken that the account belongs to him and that the
particulars furnished by him are true and correct.
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6. Thus, the identity of the applicant, his entitlement
under the award, deposit of the entire settlement amount
and the bank account into which the amount is sought to be
transferred stand sufficiently established from the record.
The amount deposited with the Tribunal represents
compensation belonging to the successful claimant and,
once his entitlement and identity are duly verified and there
is no subsisting restraint upon disbursement, its release
should not be unnecessarily delayed.
7. In General Manager, Kerala State Road Transport
Corporation v. Susamma Thomas, (1994) 2 SCC 176, the
Hon'ble Supreme Court laid down safeguards concerning
investment and disbursement of motor accident
compensation. The underlying object is to protect the
compensation awarded to victims while ensuring that
genuine claimants receive the fruits of the award. The said
principles have subsequently been reiterated by the Hon'ble
Supreme Court. At the same time, safeguards relating to
investment are not intended to mechanically obstruct
payment to a competent adult claimant where the
circumstances do not warrant such restriction.
8. In the present matter, the compensation itself is
founded upon an amicable settlement accepted by the
parties and incorporated in the Award dated 23.07.2026.
Indeed, the award itself contemplated direct credit of the
entire amount to the applicant's bank account. The insurer
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having instead deposited the amount with this Tribunal,
directing its transfer by NEFT/RTGS to the duly verified
account of the applicant would merely give effect to the
substance and object of the award and would not amount to
alteration thereof.
9. However, so far as the prayer seeking exemption from
payment of court fee is concerned, the Award dated
23.07.2026 specifically directs the applicant to pay the
deficit court fee. The present miscellaneous application
cannot ordinarily be employed to vary or review that
substantive direction in the award in the absence of a
specific statutory foundation. No material presently placed
before the Tribunal establishes an unconditional exemption
from the deficit court fee merely because the claim was
settled through mediation.
10. Consequently, while the prayer for disbursement
deserves to be granted, the prayer for blanket exemption
from payment of deficit court fee cannot be granted in the
present application. The applicant shall comply with the
direction contained in the Award regarding deficit court fee,
subject, however, to any statutory entitlement to
exemption/refund that may independently be available to
him in accordance with law.
11. In these circumstances, the following order would
meet the ends of justice.
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ORDER
1. Misc. Application No.590 of 2026 is partly allowed.
2. Subject to compliance with the direction regarding
deficit court fee contained in the Award dated 23.07.2026,
the Accounts Officer/concerned Officer, Motor Accident
Claims Tribunal, Mumbai, shall release the amount of
4,75,000/- (Rupees Four Lakh Seventy-Five Thousand	₹
Only), together with accrued interest, if any, lying with the
Tribunal to the applicant/original claimant – Mr. Sagar
Ramdas Toke – by NEFT/RTGS directly into his verified
bank account, particulars whereof are placed on record.
3. Before effecting electronic transfer, the Accounts
Branch shall once again verify the applicant's name,
identity, bank-account number and IFSC particulars from
the original/certified bank document already produced and
shall obtain such receipt/acknowledgment as is required
under the prevailing administrative procedure.
4. The identity credentials, bank particulars, cancelled
cheque and Annexure-A submitted by the applicant are
taken on record for the purpose of disbursement.
5. The prayer seeking blanket exemption from payment
of deficit court fee is not granted. The applicant shall
comply with the direction contained in the Award dated
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23.07.2026 regarding deficit court fee, without prejudice to
his right, if any, to seek refund/exemption under the
applicable statutory provision, Government notification or
rules.
6. Upon transfer of the aforesaid amount and
completion of the necessary accounts formalities, this
Miscellaneous Application shall stand disposed of and be
consigned to the record of the main proceeding.
7. No order as to costs.
Mumbai
Date: 24/09/2026
(Shashikant Eknathrao Bangar),
Member, C.R. No.3,
Motor Accident Claims Tribunal,
Greater Mumbai.
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