United India Insurance Co Ltd vs Ramdhan Saini And Others
2022 Latest Caselaw 2938 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

         S.B. Civil Miscellaneous Appeal No. 1163/2016

United India Insurance Co Ltd
                                                                   ----Appellant
                                   Versus
Ramdhan Saini And Others
                                                                ----Respondents

Connected With S.B. Civil Miscellaneous Appeal No. 1446/2016 Anoop And Another

----Appellants Versus Unnas Khan And Others

----Respondents S.B. Civil Miscellaneous Appeal No. 3140/2016 Ramdhan Saini And Ors

----Appellants Versus Unnas Khan And Ors

----Respondents S.B. Civil Miscellaneous Appeal No. 3022/2018 Laxminarain Alias Monu And Anr

----Appellants Versus Unnas Khan And Ors

----Respondents

For Appellant(s) : Mr. Umesh Vyas Mr. Sandeep Mathur

For Respondent(s) : Mr. Rajeev Bhushan Bansal

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

07/04/2022 All appeals have already been admitted for hearing vide

order dated 12.01.2022.

(2 of 3) [CMA-1163/2016]

It has been alleged that the Insurance Company has

deposited the entire amount of compensation with interest before

the Tribunal.

The respondent No.5 and 6, namely Anoop @ Laxminarayan

and Sunita being son and daughter of deceased Babu Lal, have

filed an application for disbursement of the compensation alleging

inter alia that they are heirs of class 1 st as per the Schedule of

Hindu Succession Act, 1956.

The Tribunal, vide impugned order has dismissed the claim

petitions independently, filed by respondent Nos.5 and 6 and has

declined their rights to get compensation. The compensation

amount has been ordered to be paid to parents of deceased Babu

Lal, who are respondent Nos.1 and 2. Since, in the impugned

judgments, the right to get compensation even being heirs of first

class has been declined by the Tribunal finally, such findings are

under challenge in the appeal.

However, it is not in dispute that the deceased Babu Lal was

survived by his mother, son and daughter, who heirs of first class

as per schedule appended with the Hindu Succession Act, 1956.

In this view, out of compensation deposited by the

Insurance Company, 1/3rd share may be disbursed to

respondent-claimant No.2, who happens to be mohter of

deceased Babu Lal. It has been alleged that one of the claimant

-Ramdhan Saini (father) has passed away. It has been alleged

that the application to this effect has been filed by mother before

the Tribunal. The application may be disposed of in compliance of

this order and 1/3rd amount be disbursed to the respondent

No.2-claimant-Smt. Sanjee Devi and remaining amount of

(3 of 3) [CMA-1163/2016]

compensation shall be kept deposited in FDR in Nationalized Bank

initially for a period of three years subject to renewal from time to time

and the disbursement of the same shall be decided later on with the

aforesaid observations, the application filed by respondent Nos.5 and 6

stands disposed of at this stage.

The stay application filed by the Insurance Company also stands

disposed of.

Counsel for both parties submits that there is a possibility of

amicable settlement about the apportionment of the compensation

amount among mother, son and daughter.

List these appeals before National Lok Adalat on 14.05.2022.

In case, all three parties inter se settle the dispute of

apportionment of compensation, the order could be passed accordingly

in these appeals. Parties are at liberty to move appropriate application

to this effect.

(SUDESH BANSAL),J

Sachin/50-53

Powered by TCPDF (www.tcpdf.org)