Jammu & Kashmir High Court
United India Insurance Co. Ltd vs Abdul Latief And Others on 27 October, 2022
Author: Rahul Bharti
Bench: Rahul Bharti
53
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
MA No. 401/2012
CM No. 2620/2021
CM No. 2621/2021
CM No. 2713/2021
in
MA No. 402/2012
CM No. 1720/2021
MA No. 403/2012
MA No. 404/2012
MA No. 405/2012
CM No. 1719/2021
MA No. 408/2012
CM No. 1718/2021
MA No. 409/2012
MA No. 9900016/2012
CM No. 1721/2021
CCROS No. 25/2013
MA No. 157/2013
CM No. 7896/2019
CM No. 2557/2021
MA No. 275/2013
IA No. 498/2013
MA No. 423/2013
IA No. 820/2013
IA No. 873/2014
MA No. 93/2015
IA No. 129/2015
MA No. 216/2015
IA No. 1/2015
MA No. 217/2015
IA No. 1/2015
CONC No. 90/2016
MA No. 187/2016
IA No. 1/2016
MA No. 188/2016
IA No. 1/2016
MA No. 189/2016
IA No. 1/2016
MA No. 337/2017
IA No. 1/2017
IA No. 1/2018
MA No. 338/2017
IA No. 1/2017
IA No. 1/2018
MA No. 47/2018
IA No. 1/2018
MA No. 48/2018
IA No. 1/2018
Mac App No. 143/2019
2 MA No. 401/2012
a/w connected matters
CM No. 8725/2019
CM No. 8724/2019
United India Insurance Co. Ltd. ..... Appellant(s)/Petitioner(s)
Through: Mr. Ravinder Sharma, Advocate
Vs
Abdul Latief and others ..... Respondent(s)
Through: Mr. Ayjaz Lone, Advocate
Mr. Supreet Singh Johal, Advocate
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
27.10.2022 In a motor vehicle accident which occurred on 17.01.2009 involving offending vehicle (Matador) bearing registration no. JK02P- 9709) was on its way from Thathri to Gandoh owned by the respondent-Liyakat Ali and driven by the respondent-Jaffer Hussain, number of causalities as well as injuries to the persons riding in the said offending vehicle had taken place which resulted in filing of good number of claim petitions before the three Motor Accident Claims Tribunals i.e. MACT Bhaderwah, MACT Doda and MACT Jammu which came to pass awards with respect to the respective claims so filed before these tribunals.
Out of the awards so passed in relation to the said accident, the United India Insurance Company Ltd., as being the insurer with respect to the offending vehicle, has come in appeal and there are 3 MA No. 401/2012 a/w connected matters twenty two (22) appeals, subject to correction, all of which have been bunched together for adjudication.
Since all the appeals are bunched together and on the last couple of dates of hearing the counsel representing the respondents in good number of appeals by making fresh applications, made clamoring for seeking release of the part of award amount to be seriously objected to by the learned counsel for the appellant-Insurance Company, as such this Court, for the sake of convenience, is putting case-wise requisite details hereunder to confirm the status of the amount of compensation granted in each case and amount withdrawn by virtue of the Court orders.
1. MA No. 401/2012
In this case the Motor Accidents Claims Tribunal, Bhaderwah on file no. 11/Claim (D.O.I. 08.04.2009) titled "Abdul Latief and others Vs United India Insurance Company Ltd. and others" vide award dated 24.03.2012 has come to grant compensation of Rs. 3,40,500/- with respect to the death case of Mst. Sara Begum. In this case this Court vide an order dated 10.12.2013 had allowed release of an amount of Rs.1,80,000/- (Rs.60,000/- each in favour of respondent nos. 1 to 3).
Now, CM No. 2620/2021 has been filed by the respondent nos. 1 to 3 seeking further release of the awarded amount. 4 MA No. 401/2012
a/w connected matters 2. MA No. 402/2012 In this case the Motor Accidents Claims Tribunal, Bhaderwah on file no. 09/Claim (D.O.I. 08.04.2009) titled "Rehmatullah and others Vs United India Insurance Company Ltd. and others " vide award dated 28.03.2012 has come to grant compensation of Rs. 11,31,500/- with respect to the death case of Irshad Ahmed. In this case this Court vide an order dated 03.06.2013 had allowed release of an amount of Rs.6,00,000/- (Rs. 2,00,000/- each in favour of respondent nos. 1 to 3).
Now, CM No. 1720/2021 has been filed by the respondent nos. 1 to 3 seeking further release of the awarded amount. 3. MA No. 403/2012 In this case the Motor Accidents Claims Tribunal, Bhaderwah on file no. 07/Claim (D.O.I. 08.04.2009) titled "Surat Singh and others Vs United India Insurance Company Ltd. and others " vide award dated 29.03.2012 has come to grant compensation of Rs. 5,45,204/- with respect to the death case of Ashok Kumar. In this case this Court vide an order dated 03.06.2013 had allowed release of an amount of Rs.3,00,000/- in favour of respondent nos. 1 to 3.
In this case no application for further release of amount has been filed.
5 MA No. 401/2012
a/w connected matters 4. MA No. 404/2012 In this case the Motor Accidents Claims Tribunal, Bhaderwah on file no. 04/Claim (D.O.I. 08.04.2009) titled "Shokat Ali and others Vs United India Insurance Company Ltd. and others " vide award dated 28.03.2012 has come to grant compensation of Rs. 4,58,300/- with respect to the death case of Parvez Ahmed. In this case this Court vide an order dated 03.06.2013 had allowed release of an amount of Rs.3, 00,000/- in favour of respondent nos. 1 & 2.
In this case no application for further release of amount has been filed.
5. MA No. 405/2012 In this case the Motor Accidents Claims Tribunal, Bhaderwah on file no. 10/Claim (D.O.I. 08.04.2009) titled "Madhu Lal and others Vs United India Insurance Company Ltd. and others " vide award dated 28.03.2012 has come to grant compensation of Rs. 4,12,500/- with respect to the death case of Kashmir Singh. In this case this Court vide an order dated 03.06.2013 had allowed release of an amount of Rs.2 lac (Rs. 1 lac each) for respondent nos. 1 & 2.
Now, CM No. 1719/2021 has been filed by the respondent nos. 1 & 2 seeking further release of the awarded amount. 6 MA No. 401/2012
a/w connected matters 6. MA No. 408/2012 In this case the Motor Accidents Claims Tribunal, Bhaderwah on file no. 03/Claim (D.O.I. 08.04.2009) titled "Samina Begum and others Vs United India Insurance Company Ltd. and others " vide award dated 26.03.2012 has come to grant compensation of Rs. 3,12,860/- with respect to the death case of Ghulam Nabi. In this case this Court vide an order dated 03.06.2013 had allowed release of an amount of Rs.1,50,000/- in favour of respondent no. 1-Samina Begum.
Now, CM no. 1718/2021 has been filed by the respondent nos. 1 to 4 seeking further release of the awarded amount. 7. MA No. 409/2012 In this case the Motor Accidents Claims Tribunal, Bhaderwah on file no. 08//Claim (D.O.I. 08.04.2009) titled "Kifayatullah and others Vs United India Insurance Company Ltd. and others " vide award dated 26.03.2012 has come to grant compensation of Rs. 2,59,500/- with respect to the death case of Tahira Begum. Although CM no. 605/2013 has been preferred seeking release of part of the award amount but there has taken place no order for release of any amount.
8. MA No. 9900016/2012 In this case the Motor Accidents Claims Tribunal, Bhaderwah on file no. 05/Claim (D.O.I. 08.04.2009) titled "Sagira Begum and others Vs United India Insurance Company Ltd. and others " vide 7 MA No. 401/2012 a/w connected matters award dated 26.03.2012 has come to grant compensation of Rs. 32,23,100/- with respect to the death case of Shah Wani. In this case this Court vide an order dated 10.12.2013 had allowed release of an amount of Rs.5 lac in favour of respondent no. 1- Sagira Begum.
Now, CM no. 1721/2021 has been filed by the respondent nos. 1 to 5 seeking further release of the awarded amount. 9. MA No. 157/2013 In this case the Motor Accidents Claims Tribunal, Jammu on file no. 14/Claim (D.O.I. 04.04.2009) titled "Khair Din Vs United India Insurance Company Ltd. and others " vide award dated 27.12.2012 has come to grant compensation of Rs. 2,20,200/- resulting in injury of the respondent no. 1. Although three applications CM no. 772/2013, CM no. 7986/2019 & CM no. 2557/2021 have been filed for seeking released of the award amount in favour of respondent no. 1, but there has been no order with respect to the said three applications so far in the case. 10. MA No. 275/2013 In this case the Motor Accidents Claims Tribunal, Bhaderwah on file no. 06/Claim (D.O.I. 08.04.2009) titled "Shakeela Begum and others Vs United India Insurance Company Ltd. and others " vide award dated 24.03.2012 has come to grant compensation of Rs. 9,42,188/- with respect to the death case of Mohd. Rafiq. 8 MA No. 401/2012
a/w connected matters There has been no application in this case till date for release of award amount in favour of respondent nos. 1 to 6. 11. MA No. 423/2013 In this case the Motor Accidents Claims Tribunal, Doda on file no. 82/Claim (D.O.I. 24.03.2009) titled "Manzoor Ahmed Abdul Gaffar Magray Vs United India Insurance Company Ltd. and others" vide award dated 29.06.2013 has come to grant compensation of Rs. 2,50,000/- with respect to the death case of Badar Din (four months old child).
There is an application CM no. 873/2014 seeking release of the award amount but there has been no order with respect to this application, as a result whereof no release of any award amount h as taken place.
12. MA No. 93/2015 In this case the Motor Accidents Claims Tribunal, Doda on file no. 83/Claim (D.O.I. 24.03.2009) titled "Muneer Ahmed Vs United India Insurance Company Ltd. and others " vide award dated 29.03.2014 has come to grant compensation of Rs. 4,27,000/- resulting in injury of the respondent no. 1. There has been no application in this case for release of award amount has been filed.
13. MA No. 216/2015 In this case the Motor Accidents Claims Tribunal, Doda on file no. 16/Claim (D.O.I. 03.06.2009) titled "Bishamber Singh Vs United India Insurance Company Ltd. and others" vide award dated 9 MA No. 401/2012 a/w connected matters 10.07.2015 has come to grant compensation of Rs. 2,39,000/- resulting in injury of the respondent no. 1. In this case no application for release of award amount has been filed.
14. MA No. 217/2015 In this case the Motor Accidents Claims Tribunal, Doda on file no. 15/Claim (D.O.I. 03.06.2009) titled "Sankushna Devi Vs United India Insurance Company Ltd. and others" vide award dated 10.07.2015 has come to grant compensation of Rs. 1,55,000/- resulting in injury of the respondent no. 1. In this case no application for release of award amount has been filed.
15. MA No. 187/2016 In this case the Motor Accidents Claims Tribunal, Doda on file no. 13/Claim (D.O.I. 01.06.2009) titled "Bachan Singh and another Vs Divisional Manager and others" vide award dated 29.06.2015 has come to grant compensation of Rs. 2,20,000/- with respect to the death case of Sujhal Singh a nine months old child at the time of accident.
Although MP no. 1/2016 has been preferred seeking release of part of the award amount but there has taken place no order for release of any amount.
16. MA No. 188/2016 10 MA No. 401/2012
a/w connected matters In this case the Motor Accidents Claims Tribunal, Doda on file no. 12/Claim (D.O.I. 01.06.2009) titled "Bachan Singh Vs Divisional Manager and others" vide award dated 29.06.2015 has come to grant compensation of Rs. 16,60,000/- with respect to the injury of the respondent no. 1.
Although MP no. 1/2016 has been preferred seeking release of part of the award amount but there has taken place no order for release of any amount.
17. MA No. 189/2016 In this case the Motor Accidents Claims Tribunal, Doda on file no. 10/Claim (D.O.I. 01.06.2009) titled "Mohd. Ismail Vs Divisional Manager and others" vide award dated 29.06.2015 has come to grant compensation of Rs. 4,65,000/- with respect to the injury of the respondent no. 1.
Although MP no. 1/2016 has been preferred seeking release of part of the award amount but there has taken place no order for release of any amount.
18. MA No. 337/2017 In this case the Motor Accidents Claims Tribunal, Doda on file no. 84/Claim (D.O.I. 24.03.2009) titled "Manzoor Ahmed Vs Divisional Manager and others" vide award dated 25.08.2017 has come to grant compensation of Rs. 3,34,000/- with respect to the injury of the respondent no. 1.
11 MA No. 401/2012
a/w connected matters Although MP no. 1/2016 has been preferred seeking release of part of the award amount but there has taken place no order for release of any amount.
19. MA No. 338/2017 In this case the Motor Accidents Claims Tribunal, Doda on file no. 85/Claim (D.O.I. 24.03.2009) titled "Reshma Begum Vs Divisional Manager and others" vide award dated 26.08.2017 has come to grant compensation of Rs. 4,02,800/- with respect to the injury of the respondent no. 1.
Although MP no. 1/2016 has been preferred seeking release of part of the award amount but there has taken place no order for release of any amount.
20. MA No. 47/2018 In this case the Motor Accidents Claims Tribunal, Doda on file no. 11/Claim (D.O.I. 01.06.2009) titled "Mohd. Ismail and another Vs Divisional Manager and others" vide award dated 29.06.2015 has come to grant compensation of Rs. 2,20,000/- with respect to the death of Zareena Banoo (aged 10 months).
Although MP no. 1/2016 has been preferred seeking release of part of the award amount but there has taken place no order for release of any amount.
21. MA No. 48/2018 In this case the Motor Accidents Claims Tribunal, Doda on file no. 14/Claim (D.O.I. 01.06.2009) titled "Kalyan Devi Vs Divisional 12 MA No. 401/2012 a/w connected matters Manager and others" vide award dated 29.06.2015 has come to grant compensation of Rs. 5,68,800/- with respect to the injury of the respondent no. 1.
Although MP no. 1/2016 has been preferred seeking release of part of the award amount but there has taken place no order for release of any amount.
22. Mac App No. 143/2019 In this case the Motor Accidents Claims Tribunal, Doda on file no. 24/Claim (D.O.I. 27.08.2014) titled "Sameena Begum Vs United India Insurance and others" vide award dated 30.10.2018 has come to grant compensation of Rs. 4,66,000/- with respect to the injury of the respondent no. 1.
In this case no application for release of award amount has been filed.
In those cases where applications for release for additional award amount have come to be filed, this court reckons that said applications be put on hold for the time being as the learned counsel for the appellants maintain vehement objection to any further release saying that the offending vehicle was overloaded which caused the accident.
Send for the record of file nos. 06/Claim titled "Shakeela Begum and others Vs United India Insurance Co. & Others from the Motor Accident Claims Tribunal, Bhaderwah, 83/Claim titled "Muneer Ahmad Vs United India Insurance Co. & others" from the Motor Accident Claims Tribunal, Doda, 16/Claim titled "Bishamber Singh Vs United India Insurance Co. and 13 MA No. 401/2012 a/w connected matters others" from the Motor Accident Claims Tribunal, Doda, 15/claim titled "Sankushna Devi Vs United India Insurance Co. and others" from the Motor Accident Claims Tribunal, Doda, 13/Claim titled "Bachan Singh and another Vs Divisional Manager, United India Insurance Co. and others"
from the Motor Accident Claims Tribunal, Doda, 12/Claim titled "Bachan Singh Vs Divisional Manager, United India Insurance Co. & others" from the Motor Accident Claims Tribunal, Doda, 10/Claim titled "Mohd. Ismail Vs Divisional Manager, United India Insurance Co. and others" from the Motor Accident Claims Tribunal, Doda, 84/Claim titled "Manzoor Ahmad Vs United India Insurance Co. & others" from the Motor Accident Claims Tribunal, Doda, 85/Claim titled "Reshma Begum Vs United India Insurance Co. & others" from the Motor Accident Claims Tribunal, Doda, 11/Claim titled "Mohd. Ismail and another Vs Divisional Manager, United Insurance Co. and others" from the Motor Accident Claims Tribunal, Doda, 14/Claim titled "Kalyana Devi Vs Divisional Manager, United India Insurance Co. & others" from the Motor Accident Claims Tribunal, Doda and 24/Claim titled "Sameena Begum Vs United India Insurance Co. & others" from the Motor Accident Claims Tribunal, Bhaderwah.
List again on 17.11.2022.
(Rahul Bharti) Judge Jammu 27.10.2022 Muneesh