Jammu & Kashmir High Court
Sham Singh & Ors vs Oriental Insurance Co. Ltd on 30 May, 2025
Author: Rahul Bharti
Bench: Rahul Bharti
Serial No. 03
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CM No. 2094/2025
in MA No. 483/2009
Sham Singh & Ors.
...Applicant(s)/Appellant(s)
Through: Mr. Kashmiri Lal Bhat, Advocate
Vs
Oriental Insurance Co. Ltd.
..... Respondent(s)
Through:
CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
(30.05.2025)
01. The Motor Accidents Claims Tribunal, District Judge,
(MACT) Jammu in a claim petition on file No. 240/Claim
of 2007 preferred by six (6) petitioners being sons of late
Rashpal Singh R/o Sarore came to award compensation
of an amount of Rs. 2,17,500/-, along with interest @
7.5% per annum from the date of filing of claim petition
till liquidation.
02. The compensation so awarded was meant to go
exclusively in favour of the claimant No. 6 whose name in
the claim petition was named as Opinder Singh S/o Late
Sh. Rashpal Singh.
03. The compensation so awarded was to be disbursed in the
manner as set out in the award itself exclusively in favour
of the claimant No. 6.
04. The Insurer i.e. Oriental Insurance Company Limited
being aggrieved of the said award came to prefer a
Miscellaneous Appeal MA No. 483/2009 which came to
be dismissed vide judgment dated 20.02.2024 meaning
thereby the compensation so awarded became payable to
the claimant No. 6-Opinder Singh.
05. It occurred to the claimant No. 6-Opinder Singh in the
original claim petition before Motor Accidents Claims
Tribunal, (MACT) Jammu that there was an error with
respect to his name as instead of writing Perminder
Singh his name came to be mentioned as Opinder Singh,
therefore, liberty was sought from this Court in terms of
an order dated 21.10.2024 to get the necessary
corrections from the Motor Accidents Claims Tribunal,
(MACT), Jammu which has taken place in terms of an
order dated 05.03.2025 passed on file No. 42/2024 in
terms whereof the Motor Accidents Claims Tribunal,
(MACT) Jammu has made the correction to the extent
that claimant No. 6-Opinder Singh is to be read as
Perminder Singh.
06. When MA No. 483/2009 was filed, this Court in terms of
an order dated 27.11.2009 directed the Insurer-appellant
to deposit the awarded amount with this Court which
came to be so deposited as is borne out from the office
noting dated 14.05.2010 being the compensation amount
which was payable under the award after deduction of
statutory amount of Rs. 50,000/- which has been paid
earlier to the claimants.
07. Since the claimant No. 6's name has now been corrected
to be read as Perminder Singh instead of Opinder Singh
so in the memo of the appeal MA No. 483/2009,
respondent No. 6-Opinder Singh shall be deemed to read
and also be read as Perminder Singh.
08. On behalf of the respondent No. 6-Perminder Singh, Mr.
Kashmiri Lal Bhat, learned Advocate has come forward
with an application CM No. 2094/2025 seeking release
of the deposited compensation amount of Rs. 1,76,656/-,
along with interest if any accrued thereupon being in
state of deposit with the High Court.
09. Application CM No. 2094/2025 is accompanied with an
affidavit. Accordingly, the same is allowed.
10. The Registrar Judicial, Jammu is directed to transfer the
deposited amount of Rs. 1,76,656/- along with interest
accrued thereupon in favour of applicant-Perminder
Singh S/o late Rashpal Singh through bank account
transfer subject to his identification by his learned
counsel.
11. Needful be done within a period of one week for which the
respondent No.6/applicant-Perminder Singh to furnish
his bank account with the Registrar Judicial, Jammu.
12. Application CM No. 2094/2025 is accordingly, disposed
of.
(RAHUL BHARTI)
JUDGE
JAMMU
30.05.2025
SUNIL
