NEW INDIA ASSURANCE CO. LTD. TH AJAY SHEHRAWAT JAMMU v. SHER MOHD AND OTHERS
RP/31/2024 · 2025-07-22
Javed Iqbal Wani
Review Petitionbody2025
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[ 2025 DAILYLAW 3117 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 3117 (JK) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU RP No. 31/2024 in MA No. 334/2017
New India Assurance Co. Ltd.
…..Appellant(s)/Petitioner(s)
Through: Mr. Vipin Gandotra, Adv.
vs
Sher Mohd and others .…. Respondent(s)
Through: Mr. A. A. Hamal, Adv.
Coram: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
ORDER 22.07.2025
1. In the instant review petition, review of order dated 02.04.2024 passed in MA No. 334/2017 has been sought on the premise that the Court, while disposing of aforesaid MA, inadvertently has recorded in one line of paragraph 3, the consent of counsel for the parties while modifying the award under challenge, which consent was not extended for by the counsel for the appellant petitioner herein.
2. According to counsel for the respondents/claimants, even if the instant review petition is allowed and the consent in question is treated as no consent, yet the amount of compensation of Rs. 14 lacs settled by this Court payable to the respondents/claimants as against the amount of compensation granted in their favour by the Tribunal of Rs. 16,83,000/-, as per calculations worked out by the appellant, petitioner herein on the grounds of challenge urged in the appeal (supra) essentially would be the same amount of Rs. 14 lacs. The said submission of counsel for the 64
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respondents/claimants is not in principle disputed by the counsel for the appellant/petitioner herein.
3. Having regard to the aforesaid position obtaining in the matter and without disturbing the quantum of settled amount of compensation of Rs. 14 lacs payable by the appellant, petitioner herein to the respondents/claimants in terms of order under review, the instant review petition is accepted and the aforesaid consent of the appearing counsel for the parties recorded in paragraph 3 of order dated 02.04.2024 (supra) shall stand recalled.
4. The present order shall form part of order dated 02.04.2024 (supra) passed in MA No. 334/2017 (supra) and a copy of this order shall be placed on the file of MA No. 334/2017.
5.
Disposed of.
(JAVED IQBAL WANI)
JUDGE
Jammu 22.07.2025 Rakesh Rakesh Kumar 2025.07.23 16:48 I attest to the accuracy and integrity of this document