Shokat Ali And Others vs United India Insurance Co. Ltd
2024 Latest Caselaw 1966 j&K

Jammu & Kashmir High Court

Shokat Ali And Others vs United India Insurance Co. Ltd on 25 September, 2024

Author: Rahul Bharti

Bench: Rahul Bharti

                                                            Sr. No. 06


      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT JAMMU

Case No:-     CM No. 5097/2024 in
              MA No. 404/2012

Shokat Ali and others

                                                          .....Applicant(s)

                Through: Mr. Ayjaz Lone, Advocate

                 Vs

United India Insurance Co. Ltd.

                                                        ..... Respondent(s)

                 Through: Ms. Damini Singh Chauhan, Advocate vice
                          Mr. D. S. Chauhan, Advocate

Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE

                                   ORDER

25.09.2024

01. The Motor Accident Claims Tribunal (MACT), Bhaderwah,

by virtue of an award dated 28.03.2012, came to dispose of claim

petition No. 04/Claim of 2009 filed by the five claimants seeking

compensation for death of one Parvez Ahmed who left behind his

parents, namely, Shokat Ali and Sajan Begum, one younger brother

- Ajaz Ahmed and two younger sisters - Mubina Bano & Ghulam

Gulshan Bano, both of them minor at the time of death of the

deceased - Parvez Ahmed by road traffic accident.

02. In the claim petition No. 04/Claim, while the parents,

brother and one sister came to be named correctly but with respect

to other sister of Parvez Ahmed she came to be referred as Ghulam

Bano in the claim petition instead of Gulshan Bano.

03. The Motor Accident Claims Tribunal (MACT), Bhaderwah

came to award compensation of an amount of Rs. 4,58,300/- along

with interest payable in equal shares in favour of the five claimants

with a rider that the share of the three siblings, namely, Ajaz

Ahmed, Mubina Bano & Gulshan Bano shall be kept in a fixed

deposit in any National Bank i.e. J&K Bank till the attainment of

age of majority.

04. Interestingly, while the memo of parties referred the

clamant No. 5 to be Ghulam Bano but in the operative part of the

award granting compensation and its disbursement it is by

reference to Gulshan Bano that the direction came to be issued,

meaning thereby that the actual name and identification of the

claimant No. 5 was Gulshan Bano, but on account of a

typographical error with respect to mention of Gulshan Bano's

name, the name Ghulam Bano was typed even in the memo of

appeal which came to be preferred by the Insurer- United India

Insurance Company Ltd. before this Court on file MA No. 404/2012.

05. MA No. 404/2012 titled "United India Insurance Company

Ltd. Vs Shokat Ali and others" came to be disposed of by virtue of

common judgment dated 27.02.2024, whereby the other appeals

arising out of the same accident and awards passed by the Motor

Accident Claims Tribunal (MACT), Bhaderwah came to be disposed

of without disturbing compensation granted in favour of the

claimants in claim petition No. 04/Claim.

06. While all the claimants in claim petition No. 04/Claim

came to withdraw the compensation as per their share but by

reference to mis-spelling of her name Gulshan Bano/the claimant

No. 5 was not able to withdraw the same and has now come forward

with an application CM No. 5097/2024 to seek correction with

respect to her name so as to facilitate the release of her share of

compensation which is said to be lying and deposited before this

Court.

07. For the reasons stated and discerned, the application is

allowed.

08. In the memo of parties in the appeal No.404/2012

reference to the respondent No. 5 shall be read as Gulshan Bano

and with marriage status as Gulshan Begum wife of Mudessar

Hussain.

09. Accordingly, the share of the compensation amount lying

with the Registry of this Court be released in her favour by the

Registrar Judicial, Jammu subject to her identification by the

counsel Mr. Ayjaz Lone, Advocate.

10. It is further directed that the Motor Accident Claims

Tribunal (MACT), Bhaderwah shall also carry out requisite

amendment in the cause title of the claim petition No. 04/Claim of

2009 by reference to the claimant No. 5/Petitioner No. 5 by

correcting her name to be read as Gulshan Bano instead of Ghulam

Bano.

11. Copy of this order be provided by the Registrar Judicial,

Jammu to the Presiding Officer of the Motor Accident Claims

Tribunal (MACT), Bhaderwah for carrying out the necessary

correction of the record of the claim petition.

12. Application is, accordingly, disposed of.

(RAHUL BHARTI) JUDGE JAMMU 25.09.2024 Muneesh