Jagpal Singh & Ors. vs Shankar & Ors.
2009 Latest Caselaw 3973 Del

27
*       IN THE HIGH COURT OF DELHI AT NEW DELHI

                      +       CM(M) No.497/2008

%                              Date of decision: 25th September, 2009


      JAGPAL SINGH & ORS.                      ..... Petitioners
                    Through : Mr. Ashok Popli, Adv.


                    versus


      SHANKAR & ORS.                    ..... Respondents
                   Through : Mr. K.L. Nandwani, Adv.

CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA

1.      Whether Reporters of Local papers may
        be allowed to see the Judgment?

2.      To be referred to the Reporter or not?

3.      Whether the judgment should be
        reported in the Digest?


                             JUDGMENT (Oral)

1. Mr. H.R. Arya, Senior Divisional Manager, New India

Assurance Company Limited, Divisional Office-14, New Delhi is

present along with his counsel Mr. K.L. Nandwani. Mr. Arya

submits that he has no objection to the award amount being

released to the rightful legal heir of the deceased to be

determined by this Court.

2. The accident dated 17th July, 1998 resulted in the death of

Kali Charan. The deceased was survived by his parents who filed

the claim petition before the learned Tribunal.

3. Vide award dated 9th June, 2004, the learned Tribunal

awarded a sum of Rs.3,50,600/-. The share of the father in the

award amount was Rs.1,00,000/- whereas the share of the

mother in the award amount was Rs.2,00,600/-. Respondent

No.3 deposited the award amount with the learned Tribunal by

means of two cheques in the name of the parents of the

deceased.

4. The father of the deceased withdrew the cheque in respect

of his share. However, with respect to the share of the mother of

the deceased, the father of the deceased applied to the learned

Tribunal for release of the said amount to him on the ground that

the mother of the deceased expired during the pendency of the

claim petition which fact was not brought on record of the

learned Tribunal before the passing of the award.

5. The learned Tribunal dismissed the application of the father

of the deceased on the ground that the application for

substitution after the passing of the award was not maintainable.

6. This petition has been filed by the father of the deceased

who is petitioner No.1 and two sons of petitioner No.1 who are

made petitioner Nos.2 and 3. This case relates to the

compensation of death of Kali Charan who was survived by his

parents and, therefore, the share of the mother of the deceased

has devolved upon the father of the deceased only and appellant

Nos.2 and 3 have no right in the compensation in respect of

death of Kalicharan.

7. In view of the statement made by respondent No.3 today in

Court that they have no objection to the release of the award

amount to the rightful owner, without going into the legal

question involved which is left open to be decided in an

appropriate case, the learned Tribunal is directed to release the

share of the mother of the deceased to the father of the

deceased who is petitioner No.1 herein.

8. The petition stands disposed of.

9. This Court appreciates the assistance rendered by Mr. K.L.

Nandwani, Advocate in resolving this case without insisting on

the decision on the question of law.

10. Copy of this order be sent to the learned Tribunal for

compliance.

11. Copy of this order be given 'Dasti' to learned counsel for

both the parties under signatures of Court Master.

J.R. MIDHA, J SEPTEMBER 25, 2009 mk