NOORE MUJASSIM AND ANOTHER v. SMT. JINATAMAN AND 3 OTHERS
WRIC/19113/2025 · 2025-06-30
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 66456 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 66456 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:100949 Court No. - 9 Case :- WRIT - C No. - 19113 of 2025 Petitioner :- Noore Mujassim And Another Respondent :- Smt. Jinataman And 3 Others Counsel for Petitioner :- Balram Mishra Counsel for Respondent :- Vipul Kumar Hon'ble Manish Kumar Nigam,J.
1. Heard Shri Balram Mishra, learned counsel for the petitioners, Shri Vipul Kumar, learned counsel for respondent No.4 and perused the record. 2. This writ petition has been filed challenging the award dated 14.9.2024 passed in National Lok Adalat in MACP No. 339/2022 (Smt. Jinat Aman and others vs. Devendra Singh and others)
3. Brief facts of the case are that one Irafat Hussain son of Rafat Hussain died in a road accident on 29.8.2022 involving Vehicle No. UP 25 AT 8526. The said vehicle was insured by respondent No.4 - United India Insurance Co. Ltd. Initially, the claim petition was filed by Jinat Aman w/o Rafat Hussain, claimant No.1 (mother of deceased) and Km. Alzaira daughter of Irafat Hussain. Subsequently, petitioner Noore Mujassim, widow of Irafat Hussain was impleaded as claimant No.3 in the claim petition. The dispute was settled in National Lok Adalat and the parties agreed to a compromise and on the basis of the compromise, an award dated 14.9.2024 was passed, which is under challenge before this Court. As according to the petitioners, the Tribunal has wrongly apportioned the awarded amount under the award. 4. It has been contended by learned counsel for the petitioner that major portion of the award has been awarded to claimant No.1 Smt. Jinat Aman (mother of deceased) treating her to be widow of the deceased and the petitioner (widow of the deceased) has been given a very minor portion of the award and as per the law, major portion has to be given to the widow of the deceased and the remaining amount has to be given to the other claimants. 5. Shri Vipul Kumar, learned counsel for the respondent submitted that it appears as the widow was later on impleaded as a party to the claim petition and, therefore, this fault has occurred. It has also been submitted by learned counsel for the respondent that no useful purpose would be served in keeping this writ petition pending and the matter be remitted to the Motor Accident Claims Tribunal to consider and redress the grievance of
the petitioner in accordance with law.
6. In view of the above, this writ petition stands disposed of with liberty to the petitioners to move an appropriate application for correction/modification of the award within two weeks from today and in case such an application is moved, the Motor Accident Claims Tribunal, Badaun, is directed to consider and decide the same within next three months, in accordance with law, after hearing all the concerned parties provided there is no other legal impediment. 7. Till disposal of the aforesaid application, payment shall not be made to the parties in pursuance to the award dated 14.9.2024. Order Date :- 1.7.2025 Rishabh [Manish Kumar Nigam, J.] Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad