Jamshed Alam Vs Tata Aig General Insurance Co. Ltd. & Anr. — Delhi HC (2026) — LawSathi Research

Jamshed Alam Vs Tata Aig General Insurance Co. Ltd. & Anr. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the 20% compensation with accrued interest deposited qua Late Rukshar to petitioner Jamshed Alam - Rs. 4 lacs to Jamshed Alam and the balance equally distributed in the accounts of Mohd. Sameer and Rukshana; petition disposed of and pending applications rendered infructuous.

Issue for consideration

Whether the 20% share of Lok Adalat compensation deposited in the name of Late Rukshar (since deceased) should be released to her father/petitioner Jamshed Alam, rather than distributed equally to the surviving siblings Rukshana and Mohd. Sameer as directed by the Tribunal.

Court's answer

The Court found no impediment in ordering release of the 20% compensation, along with accrued interest, deposited qua Late Rukshar, to petitioner Jamshed Alam.

Ratio / Principle

An amount of Rs. 4 lacs out of the 20% share of Late Rukshar shall be released in favour of Jamshed Alam.

Key takeaways

The balance amount of the 20% share shall be equally distributed in the accounts of Mohd. Sameer and Rukshana, to ensure that money provided for the upkeep of the children is not dissipated without any reason.ratio¶30

Detailed headnote1 paragraphs

MACT compensation - Lok Adalat settlement - death of a claimant after settlement - release of deceased claimant's share to father. A claim petition (MACT No. 209/20) by the husband and three children of the deceased was settled in the National Lok Adalat on 21.08.2022 for Rs. 32,00,000/- (50% husband Jamshed Alam, 20% Rukshar, 15% Rukshana, 15% Mohd. Sameer). Rukshar died on 14.01.2024; by order dated 22.01.2025 in Misc. DJ No. 1431/2025 (Jamshed Alam v. Ankit Aggarwal), the Motor Accidents Claims Tribunal, North Rohini Courts disposed of the father's application for release of her 20% share by directing equal distribution to the surviving siblings, recording counsel's 'no objection'. In CM(M) 357/2026, counsel for the father stated the 'no objection' had been recorded without instructions; the father was the only other legal heir, was caring for the surviving children, and had borrowed Rs. 3,00,000/- for the deceased daughter's treatment. Held: no impediment in releasing the 20% share with accrued interest to the father - Rs. 4 lacs to him and the balance equally to the two surviving children - so that money meant for the children's upkeep is not dissipated without reason. Petition disposed of; pending applications infructuous.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

- CM(M) 357/2026

JAMSHED ALAM .....Petitioner

Through: Mr. Anshuman Bal, Advocate.

versus

TATA AIG GENERAL INSURANCE CO LTD & ANR.

.....Respondents

Through:

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

CM. APPL No. 9818/2026 ( Exemption )

Allowed, subject to all just exceptions.

Application is accordingly disposed of.

CM(M) 357/2026

This petition has been filed seeking assailing the order dated 22^nd January 2025 in Misc. DJ No. 1431/2025 titled as “ Jamshed Alam v. Ankit Aggarwal ” passed by the Motor Accidents Claims Tribunal [‘ Tribunal ’], North Rohini Courts, Delhi.

A claim petition [ MACT No.209/20 ] was filed by Jamshed Alam , husband of the deceased, Shain Parveen, along with three children, namely Rukshar , Rukshana and Sameer , in November, 2020. 3. On 21^st August, 2022, the matter was settled in the National Lok

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/03/2026 at 10:37:13

Adalat , and compensation of Rs. 32,00,000/- was agreed to be awarded in favour of petitioners, the apportionment being 50% to Jamshed Alam , 20% to Rukshar , 15% to Rukshana and another 15% to Mohd. Sameer , as informed by Mr. Anshuman Bal , counsel for petitioner.

Rukshar has since passed away on 14^th January 2024. An application seeking release of the 20% of the compensation awarded to Late Rukshar, moved by the father Jamshed Alam , was disposed of by the impugned order directing that the amount lying in the name of Rukshar be distributed to other two children, namely, Rukshana and Mohd. Sameer , in equal proportion.

Though, the submission of counsel for petitioner/ Jamshed Alam , was recorded that Jamshed Alam had ‘no objection’ to such distribution of the share of Late Rukshar , Mr. Anshuman Bal , counsel for petitioner, on instructions, states that petitioner/ Jamshed Alam , was not present before the Tribunal and certain submissions were made by counsel without any instructions.

He further states that the father is the only legal heir apart from the other two siblings of Late Rukshar and that he was taking care of all the three children and continues to take care of Rukshana and Mohd. Sameer .

He has further submitted that petitioner/ Jamshed Alam , had taken a loan of Rs. 3,00,000/- from relatives and friends for the treatment of his daughter Late Rukshar and that has to repay the lenders; therefore, in any event, he is in dire need of money.

Aside from the above, being the guardian of the two surviving children, he also must take care of their education and well being.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/03/2026 at 10:37:13

In these circumstances, this Court does not find any impediment in ordering the release of the 20% compensation, along with accrued interest, deposited qua Late Rukshar to petitioner/ Jamshed Alam in the following manner:

i. An amount of Rs. 4 lacs, shall be released in favour of Jamshed Alam .

ii. The balance amount, shall be equally distributed in the accounts of Mohd. Sameer and Rukshana .

This is to ensure that the money provided for the upkeep of the children is not dissipated without any reason.

Petition is accordingly disposed of. Pending applications (if any) are also rendered infructuous.

Order be uploaded on the website of this Court.

ANISH DAYAL, J

FEBRUARY 23, 2026/RK/tk

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/03/2026 at 10:37:13