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2025 DAILYLAW 8754 (JK)

GULSHANA AND ORS. v. GHULAM NABI KALOO AND ANR. (NATIONAL INSURANCE COMPANY LIMITED)

RP/65/2022 · 2025-02-11

Vinod Chatterji Koul

Review Petitionbody2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR … RP no.65/2022 Pronounced on: 11.02.2025 Mst Gulshana and others …….Petitioner(s) Through: Mr Muzaffar A Baqal, Advocate Versus Ghulam Nabi Kaloo and others ……Respondent(s) Through: Mr Aatir Kawoosa, Advocate CORAM: HON’BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE JUDGEMENT 1. Review of judgement dated 27th April 2022 passed by this Court in MA no.14/2019 clubbed with MA no.89/2018, to the extent it dismisses the appeal, bearing MA no.14/2019 titled as Gulshana and others v. Ghulam Nabi Kaloo and another, on the grounds made mention of in the instant petition. 2. Heard and considered. 3. Review petitioners seek review of judgement dated 27th April 2022 on the ground that although this Court made mention of plea of review petitioners qua grant of future prospects but did not return any finding thereabout. For grant of future prospects, review petitioners have placed reliance on a seasoned judgement of the Supreme Court passed in the case of National Insurance Company Limited v. Pranay Sethi reported in AIR 2017 SC 5157 : (2017) 16 SCC 680. 4. There is substance in the submission of review petitioners as regards grant of compensation on account of future prospects. As a result whereof, the instant review petition is allowed and judgement dated dated 27th April 2022 passed by this Court in MA no.14/2019 clubbed with MA no.89/2018, to the extent it has dismissed the appeal, bearing MA no.14/2019 titled as Gulshana and others v. Ghulam Nabi Kaloo and another is reviewed and sub-paragraph of paragraph 06 of the judgement is recast as under: “6….Insofar as Minimum Wages Act Notification dated 1st November 2017 is concerned, the same is not applicable to the case in hand as the accident had taken place on 9th May 2017 and resultantly the Tribunal has properly computed compensation, which need not be interfered with Besides the Tribunal has taken all aspects of the matter into account while computing the compensation. However, there is force in the submission of appellants that future prospects have not been given to the claimants/appellants. In that view of matter, the appeal is partly allowed insofar as grant of compensation on account of future prospects is concerned. As a result whereof, claimants/appellants are also held entitled to future prospects @ 40% of Rs.7,42,500/- being the income calculated by the Tribunal, which comes to Rs.2,97,000/-. The respondent- Insurance Company shall also pay the said amount of Rs.2,97,000/- to claimants/appellants along with interest as granted by the Tribunal from the date of petition till final realization.” 5. Review petition is disposed of in terms of above. 6. Copy be sent to the Tribunal. (Vinod Chatterji Koul) Judge Srinagar 11.02.2025 Ajaz Ahmad, Secretary Whether approved for reporting? Yes/No.