Bansi Lal Vs Ghulam Haider and Ors. — J&K HC (2024) — LawSathi Research

Bansi Lal Vs Ghulam Haider and Ors. — J&K HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

All three appeals disposed of by modifying the Tribunal award: total compensation payable to the claimants fixed at Rs. 10.75 lacs proportionate to their shares as settled in the award; appellant to deposit the balance Rs. 5 lacs in the Registry within three months; deposited amounts to be released to the claimants proportionately, subject to identification by their counsel.

Issue for consideration

Whether the three appeals should be disposed of by modifying the Tribunal award in terms of the appellant's settlement offer of a lumpsum of Rs. 10.75 lacs payable to the claimants.

Ratio / Principle

All three appeals are disposed of by modifying the award impugned in these appeals, holding that the compensation payable to the claimants shall be Rs. 10.75 lacs proportionate to their shares in terms of the award.

Key takeaways

The appellant is directed to deposit the balance amount of Rs. 5 lacs in the Registry of this Court within a period of three months.ratio¶20
The amount deposited/to be deposited shall be released in favour of the claimants/respondents proportionate to the share as settled in the award by the learned Tribunal, subject to their identification by the learned counsel for the respondents/claimants.ratio¶20-21

Detailed headnote1 paragraphs

MA Nos. 35, 36 and 37 of 2017 (Bansi Lal v. Ghulam Haider and others), decided by Rajnesh Oswal, J., High Court of Jammu & Kashmir and Ladakh at Jammu, on 09.10.2024: Pursuant to a settlement, the three appeals against the learned Tribunal's award in the claim petitions were disposed of by modifying the award, fixing the compensation payable to the claimants at Rs. 10.75 lacs proportionate to their shares as settled in the award. Of this, Rs. 5.75 lacs stood already deposited before the Registry; the appellant was directed to deposit the balance Rs. 5 lacs in the Registry within three months, and the deposited amounts were to be released to the claimants/respondents proportionate to their shares, subject to identification by their learned counsel. Statements of both counsel were taken on record.

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

MA No. 35/2017 c/w MA No. 36/2017 MA No. 37/2017

Bansi Lal

…..Appellant(s)/Petitioner(s)

Through: Mr. Rahul Sharma, Adv.

vs

Ghulam Haider and others

.…. Respondent(s)

Through: Mr. Ved Bhushan Gupta, Adv.

Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

ORDER
09.10.2024

ORAL:

Pursuant to order dated 06.09.2024, the claimants/respondents were entitled to withdraw an amount of Rs. 5 lacs from the Registrar Judicial of this Court proportionate to the share as settled in the award or subject to their mutual understanding and for which purpose, they were allowed to file an application before the Registrar Judicial Jammu.

Mr. Ved Bhushan Gupta, learned counsel for the respondents/claimants submits that the amount has not been released in favor of the respondents/claimants. Mr. Gupta further submits that as per instructions imparted to him, the respondents are willing to accept the offer made by the appellant for settling all claim petitions for a lumpsum amount of Rs. 10.75 lacs out of which an amount of Rs. 5.75 lacs stands already deposited before the Registry.

Learned counsel for the appellant submits the appellant would deposit the balance amount of Rs. 5.00 lacs within a period of three months from today. Statements made by Mr. Rahul Sharma, learned counsel for the appellant and

2

MA Nos. 35/2017, 36/2017 & 37/2017

Mr. Ved Bhushan Gupta learned counsel for the respondents/claimants are taken on record.

Accordingly, all these three appeals are disposed of by modifying the award impugned in these appeals by holding that compensation payable to the claimants shall be Rs. 10.75 lacs proportionate to their shares in terms of the award and the appellant is directed to deposit the balance amount of Rs. 5 lacs in the Registry of this Court within a period of three months from today. The amount so deposited/to be deposited be released in favour of the

claimants/respondents proportionate to the share as settled in the award by the learned Tribunal subject to their identification by the learned counsel for

the respondents/claimants.

(RAJNESH OSWAL) JUDGE

Jammu 09.10.2024 Rakesh

Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No

Rakesh Kumar 2024.09.20 09:01 I attest to the accuracy and integrity of this document