ORIENTAL INSURANCE CO LTD Vs. GUDDIL
LAWS(J&K)-1999-2-20
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 22,1999

ORIENTAL INSURANCE CO LTD Appellant
VERSUS
Guddil Respondents

JUDGEMENT

- (1.) ONE Sain Das met with an accident. He died. His widow preferred a claim petition under the Motor Vehicles Act, before the Motor Accidents Claims Tribunal Kathua. There were other claimants also. She was claiming compensation in her own right and also on behalf of the minor children. The widow was representing the case of the minorsale.
(2.) THE further fact is that an interim order was passed. A sum of Rs. 15,000/ - was allowed as interim compensation. On receipt of this interim compensation, the widow lost interest in the litigation. The litigation was pursued by one of the minor dauthter Miss Champa Devi. A sum of Rs. 25,000/ - was allowed as interim compensation in her favour also. However, no provision was made for the other minors. Lateron, an application was preferred. It was stated therein that the case of other minors has not been taken care of and the order passed by the M. A. C. T deserve to be given a fresh look. The prayer was accepted. The order passed earlier on 5.11.1991 which was found to be to the detriment of three minor petitioners, was recalled. It is this order which is subject matter of challenge in this writ -petition.
(3.) THE arguments raised by the learned counsel for the Insurance Company is that the Motor Accidents Claim Tribunal had no power of review. It is on this basis, it is submitted that the order passed by the Tribunal on 17.2.1994 deserves to be quashed. It be seen that the case of the minor was being represented by their mother. After she received interim compensation she lost interest in the litigation, one of her minor daughters who was 14 years of age, and was having some understanding, also received Rs. 25,000/ - as interim compensation. However, the interests of three other minors was not taken care of. Neither their natural guardian nor any other person cared to protest their interest. It was in these circumstances, their maternal grand -father, came to prosecute the case.;


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