None 2707 of 2023 on 24 December 2010

Sr. No. 81

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

CM No. 2707/2023 in MA No. 136/2011

Mangta & ors.

…. Petitioner/Appellant(s)

Through:- Mr. Jagpaul Singh, Advocate

V/s

National Insurance Company Ltd.…..Respondent(s)Through:- Mr. Rishu Rajeshwar, Advocate for R-5 to 7

CORAM : HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE ORDER

The National Insurance Company Limited filed an appeal i.e., CIMA No. 136/2011 against the Award passed by the Motor Accident Claims Tribunal, Kathua dated 24.12.2010 awarding compensation to the claimants in claim petition titled Mangta & ors. Vs. Satya Devi & ors. This appeal was disposed of vide judgment dated 10.08.2016 and the award passed by the MACT Kathua of an amount of Rs. 5,85,000/- was upheld.

Mukatti Begum was one of the claimants died during the pendency of the aforesaid appeal on 14.12.2013. Inadvertently this fact was not brought to the notice of the Court at the time of disposing of the appeal. Late Mukatti Begum was survived by her legal heirs i.e., her sons applicant-Mangta, Nazir Ahmed, Bashir Ahmed and daughter-Mali Begum. The applicant seeks the release of the share of compensation awarded to his deceased mother in his favour. The counsel for the other legal heirs-respondent Nos. 3, 5, 6 & 7 submits that they have no objection if the share of compensation of their mother is transferred into the bank account of applicant/respondent No. 1.

Learned counsel for the applicant submits that for transferring the share of compensation of respondent No.2 into account of the applicant, there is no requirement of succession certificate. In support of his contention, he has relied upon the judgments reported as 2000 (9) SCC 240; 2014 ACJ 891 MP and 2014 ACJ 2501. The statement made by Mr. Jagpaul Singh, is taken on record.

For the reasons stated in the application coupled with the submissions made at Bar and in view of no objection from the other side, the same is allowed and the Registrar Judicial, of this Court is directed to transfer the share of compensation of respondent No. 2 into the account of respondent No.1/applicant herein, after proper identification and verification.

This application is disposed of as such.

JAMMU 12.05.2023 Ram Murti

(Sindhu Sharma) Judge