Final Order 1

Order Details: Order on Exh.
Pdf Text: ORDER BELOW EXH.1 & 8
IN MISC. APPLICATION NO.90 of 2024
In MACP No. 2522 of 2000
This application is filed by 3 applicants for
permission to withdraw the compensation amount along
with accrued interest in view of the order dtd. 06/12/2023
passed by Hon’ble High Court, Bombay in First Appeal
(Stamp) No.18361/2009. Thereafter, vide application
Exh.8, applicant No.2-Mrs. Vifroze Mustaf Shaikh has
prayed for payment of her share in compensation amount
in her name as Mrs. Akalpita Pankaj Pitdiya.
2. Heard Ld. advocate for the applicants. Perused the
applications, affidavits, report of Accounts Officer and Writ
Section, order of the Hon’ble High Court, Bombay and
documents filed on record.
3. It appears that insurance company had filed First
Appeal (Stamp) No.18361/2009 against the judgment and
award passed by this Tribunal in MACP No.2522/2000.
Report of Accounts Officer shows that on 07/11/2009, the
insurance company had deposited amount of Rs.6,24,877/-
in the name of A.O., MACT, Mumbai and it is invested in
Oriental Bank of Commerce, Fort, Mumbai.
4. As per the order of Hon’ble High Court, Bombay, the
insurance company was allowed to withdraw the aforesaid
appeal. Accordingly, the appeal was disposed of and
applicants are permitted to withdraw the deposited amount
along with accrued interest thereon. In this connection,
report of Writ Section dtd.02/04/2024 shows that
aforesaid order dtd.06/12/2023 is uploaded on website of
-- 1 of 3 --
the Hon’ble High Court, Bombay and same order is
attached along with this application. Thereafter, there is no
any order uploaded till today. It is pertinent to note that,
as per the aforesaid order of Hon’ble High Court, Bombay,
statutory deposit amount along with accrued interest is
directed to be transferred to this Tribunal. But report of
Accounts Officer does not show that any such amount is yet
deposited in this Tribunal.
5. Perusal of claim application and judgment in MACP
No.2522/2000 reveals that at the time of filing of claim
application, name of applicant No.2 was mentioned as Mrs.
Vifroz Mustaf Shaikh. Marriage Certificate shows that on
25/04/2008 i.e. 4 months prior to the judgment and award
of this Tribunal, she got married with Mr. Pankaj Pitdiya.
At that time itself she should have amended her petition for
compensation. Due to her failure the judgment was
pronounced in her earlier name. Copy of rationing card was
also in her previous name but the Adhar Card is in the
name of Akalpita Pankaj Pitdiya. She signed on the Adhar
Card as per her previous name. After raising the query
about the difference in her name on various documents and
her signautre she has filed an undertaking (Exh.6)
contending that she is known by two names i.e. Vifroz
Mustaf Shaikh and Mrs. Akalpita Pankaj Pitdiya. The
persons of both these names is one and the same i.e.
applicant no.2. Applicant No.1 & 3 who are sisters of
applicant no.2 have also filed an affidavit (Exh.7) in
support of her undertaking. By the undertaking (Exh.6)
applicant No.2 has also undertaken to return the entire
-- 2 of 3 --
amount paid to her if any other women with the same name
comes to this Tribunal for claiming a share apportioned in
favour of applicant No.2.
6. Therefore, vide application Exh.8 in this misc.
application she has prayed for payment of her share in
compensation amount in her name as Akalpita Pankaj
Pitdiya. Thus, there is substance in submission on behalf of
applicant No.2 that now her name is changed as
Mrs. Akalpita Pankaj Pitdiya. Her Adhar Card and bank
account details fortifies the same. So, her share in
compensation amount is required to be disbursed in her
name i.e. Mrs. Akalpita Pankaj Pitdiya. Thus, considering
the aforesaid facts and circumstances, following order is
passed.
ORDER
1. Application Exh.1 & 8 are allowed.
2. Account officer is directed to recall the invested
compensation amount along with accrued interest and it be
disbursed equally among applicant No.1 to 3 by
NEFT/RTGS, on submitting their bank account passbook
photocopy duly verified by their banker and against proper
identification by following usual office procedure.
3. Share of Applicant No.2-Vifroz Mustaf Shaikh be paid in
her name as Mrs. Akalpita Pankaj Pitdiya
4. Misc. Application No.90/2024 stands disposed of
accordingly.
[N K Brahme]
Date : 04/05/2024 CHAIRMAN
GDE MACT, MUMBAI
-- 3 of 3 --