Final Order 1

Order Details: Order on Exh.
Pdf Text: ORDER BELOW EX.1 IN M.A. NO.99 OF 2024
IN MACP NO.1351 OF 2014
Read application, report of Accounts Officer and that
of Writ Section.
2. Heard Learned counsel appearing for applicants.
Perused record and proceeding.
3. Present application filed by applicant for
disbursement of the share of applicant no.1 Rehamtulla Babar
Attar since deceased in their favour in equal proportion. It is
contended that they have filed aforesaid claim petition for grant of
compensation for death of Aawej Rehamtulla Attar in vehicular
accident dated 24.4.2014. Same has been decided on 28.11.2022
and compensation of Rs.12,86,600/- was awarded. Out of it
opposite party no.1 directed to deposit 75% i.e. Rs.9,64,950/- and
remaining 25% directed to be deposited by opposite party no.3
and insurer which comes to Rs.3,21,650/-. As per application
opposite party no.3 and insurer has deposited their share with
accrued interest which comes to Rs.5 lakhs with this Tribunal. As
per the award it is directed to disburse 80% compensation in
favour of applicant no.1 and remaining amount be disbursed in
equal proportion in favour of applicant no.2 and 3 i.e. 10% each. It
is the contention of applicant that applicant no.1 met with natural
death on 7.9.2022 leaving behind applicant no.2 and 3 as his only
heirs. Therefore, his share needs to be disbursed in their favour in
equal proportion. Thus, they prayed for allowing this application.
4. On perusal of report of Accounts Officer it can be
gathered that the Insurance company had deposited a sum of
Rs.5,09,549/- on 1.1.2023 with this Tribunal. Out of it a sum of
Rs.50,955/- each has been disbursed in favour of applicant no.2
and 3 and remaining amount is lying with the Tribunal. As per
report of Writ Section no any order has been received from the
Hon’ble Parent High court in this matter till date.
5. On perusal of documents placed on record it appears
that applicant no.1 Rahematulla Babar Attar died on 7.9.2022 at
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Sion Municipal Hospital and Medical College. His original death
certificate is placed on record. As per applicant they are the only
surviving legal heir left behind deceased applicant no.1
Rehamtulla Attar. Considering this aspect his share needs to be
disbursed in favour of applicant no.2 and 3 in equal proportion.
Hence, present application deserves to be allowed.
In the result following order:
ORDER
1) Application is hereby allowed.
2) Accounts Officer is hereby directed to disburse share of
deceased applicant no.1 in favour of applicant no.2 and 3 in equal
proportion by NEFT/RTGS after due identification and
verification.
(R.V. Jagtap)
Member, C.R. No.3
Date : 01.04.2024 MACT, MUMBAI
sb*
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