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High Court of Himachal Pradesh · body

2015 DAILYLAW 2032 (HP)

ORIENTAL INSURANCE COMPANY v. PREM CHAND

CMP/32950/2025 · 2026-03-20

Vivek Singh Thakur

body2015

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Oriental Insurance Company vs. Prem Chand FAO No.21 of 2015 20.03.2026 Present : Ms. Mamta Devi, Advocate, vice Mr. Ishan Sharma, Advocate, for the appellant/non-applicant. Mr. Adarsh Sharma, Advocate, for respondents No.1 to 3-applicants. Mr. Karav Veer Singh, Advocate, for respondent No.4. Mr. Arun Kumar, Advocate, for respondent No.5. CMP No.4726 of 2026 This application has been filed for correction of name of father of respondent No.2 (Saroj Kumari) and respondent No.3 (Khem Chand). It has been submitted that respondents No.1 to 3 are children of Sh. Jaisi Ram and they had filed claim petition bearing MAC Petition No.19/2013 titled ‘Prem Chand & Ors. vs. The Oriental Insurance Company & Ors.’, wherein their parentage has been correctly mentioned and they have been reflected as the children of Sh. Jaisi Ram. This submission is substantiated from memo of parties in the certified copy of the award passed in said MAC Petition, placed on record with main appeal. It has been further submitted that in appeal filed by the Insurance Company, the name of father of respondent No.2 (Saroj Kumari) and respondent No.3 (Khem Chand) has been reflected as Prem Chand, whereas Prem Chand is their brother, who is respondent No.1, and respondent No.2 (Saroj Kumari) and respondent No.3 (Khem Chand) are daughter and son of Sh. Jaisi Ram, respectively, as evident from the award passed by MACT. The main appeal stands decided, but during the pendency of the appeal, the aforesaid mistake went unnoticed and came to light at the time of filing of application for release of amount of compensation in favour of respondents-claimants. In the aforesaid facts and circumstances, name of father of respondent No.2 (Saroj Kumari) and respondent No.3 (Khem Chand) is ordered to be corrected in the memo of parties of the appeal as ‘Sh. Jaisi Ram’. Registry is directed to carry out necessary correction in the memo of parties of the appeal. The application stands disposed of. CMP No.32950 of 2025 This application is disposed of in terms of even dated order passed in CMP No.4726 of 2026 and registry is directed to proceed further for release of amount accordingly to respondents No.1 to 3 as per their entitlement. Application stands disposed of. (Vivek Singh Thakur) Judge 20th March, 2026 (Pardeep)