Jammu & Kashmir High Court
Oriental Insurance Company Ltd vs Ranju Sharma & Ors on 28 October, 2025
Author: Rahul Bharti
Bench: Rahul Bharti
2023:JKLHC-JMU:4120
Serial No. 01
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CM No. 6122/2025 in
MA No. 227/2011
Oriental Insurance Company Ltd.
.....Appellant
Through:
Vs
Ranju Sharma & Ors.
.....Respondents
Through:
CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
(28.10.2025)
Mr. Vikas Magotra, Advocate vice Mr. Sachin S. Sharma, Advocate
01. Assistant Labour Commissioner, Jammu in exercise of its
jurisdiction under the Employees Compensation Act,
1923, by virtue of an award dated 29.11.2010 in a claim
petition on file No. Death-13/WC Act/07 filed on
02.03.2007 by seven claimants awarded an amount of
Rs. 3,05,775/- as compensation along with Rs.
2,07,000/- as accrued simple interest @ 12 % per annum
from 04.03.2005 to 29.11.2010.
CM No. 6122/2025 in2023:JKLHC-JMU:4120
02. The deceased workman was Lalit Kumar in the
employment of M/s Sujata Constructions Private Limited
and was covered under Insurance Policy.
03. The deceased-workman-Lalit Kumar was survived by
widow Smt. Ranju Sharma and six children, all of them
being the seven claimants in the claim case before the
Assistant Labour Commissioner, Jammu.
04. At the time of filing of the claim petition, one of six
children, namely, Shima Kumari (daughter) was minor.
05. In the award, there was no apportionment of the
compensation payable individually to the seven
claimants.
06. Against said award dated 29.11.2010, the Insurance
Company i.e. Oriental Insurance Company Limited came
forward with a statutory appeal MA No. 227/2011 under
Section 30 of the Employees Compensation Act, 1923.
07. In terms of an order dated 03.05.2011, this Court
directed that the compensation amount deposited with
Assistant Labour Commissioner, Jammu not to be
disbursed.
08. Later on, vide an order dated 09.09.2011, this Court
directed release of 50% of the amount deposited with the
CM No. 6122/2025 in2023:JKLHC-JMU:4120
Assistant Labour Commissioner, Jammu in favour of the
claimants who figured as respondents in the appeal MA
No. 227/2011.
09. Further, upon being apprised that the deposit of the
entire compensation amount had not taken place, this
Court, in terms of order dated 09.09.2011, called upon
the appellant-Oriental Insurance Company Limited to
deposit the entire awarded amount and that meant the
interest component part of the compensation award.
10. In terms of an order dated 01.12.2022, this Court
registered the fact that the deposit of the interest
component amount of Rs. 2,07,000/- has taken place
with the learned Registrar Judicial, Jammu.
11. By virtue of a judgment dated 20.09.2023, MA No.
227/2011 came to suffer dismissal along with dismissal
of the cross appeal. In the judgment dated 02.09.2023,
there is no parting direction for release of the deposited
amount otherwise lying in deposit with this Court.
12. Consequent upon dismissal of the appeal, all the
respondents except respondent No. 5-Shima Kumari
came to earn release of their respective share of
compensation whereas with respect to respondent No. 5-
Shima Kumari, the release could not take place.
CM No. 6122/2025 in2023:JKLHC-JMU:4120
13. During the pendency of the matter, the respondent No. 5-
Shima Kumari daughter of deceased workman Lalit
Kumar Sharma, had not only attained majority but also
got married to one Manish Chaudhari which resulted in
change of her surname and also identification by
reference to her husband-Manish Chaudhari, as a result
whereof, the release of payment of amount of Rs.
82,326/- got struck up for the reason that the Account
Section of this Court had prepared the check for payment
of Rs. 82,326/- in favour of Shima Kumari daughter of
deceased Lalit Kumar Sharma whereas the name of
respondent No. 5-Shima Kumar had undergone change of
her name to be Seema Manish Chaudhari as is borne out
from her Aadhaar Card No. 239793078185.
14. Respondent No. 5-Shima Kumari alias Seema Manish
Chaudhari has now come forward with an application
supported by an affidavit invoking inherent power of this
Court under sections 151 and 152 of CPC, 1908 for
effecting name correction in the cause title of the memo
of appeal MA No. 227/2011 read with award dated
29.11.2010.
15. The application seems to be genuine and accordingly, the
same is allowed by directing that claimant No. 5-Shima
CM No. 6122/2025 in2023:JKLHC-JMU:4120
Kumari in claim petition No. Death-13/WC Act/07 before
the Assistant Labour Commissioner, Jammu read with
Memo of appeal of MA No. 227/2011 figuring as
respondent No. 5 therein be read as Shima Kumari alias
Seema Manish Chaudhari wife of Manish Chaudhari.
16. Consequently, the Account Section is directed to release
the pending deposit of the share of the
applicant/respondent No. 5 by her changed name.
17. The application is accordingly, disposed of.
(RAHUL BHARTI)
JUDGE
JAMMU
28.10.2025
SUNIL
