United India Insurance Company vs Neena Devi And Others on 14 May, 2025

Jammu & Kashmir High Court

United India Insurance Company vs Neena Devi And Others on 14 May, 2025

Author: Moksha Khajuria Kazmi

Bench: Moksha Khajuria Kazmi

                                                                   Sr. No. 52
           HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                           AT JAMMU

Case: Mac App No. 30/2023

United India Insurance Company                        .... Petitioner(s)/Appellant(s)
Limited

                             Through:- Mr. Vishnu Gupta, Advocate

V/s

Neena Devi and others.                                           .....Respondent(s)

                             Through:- Mr. A.S Azad, Advocate for R-1 to 5


CORAM: HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
                          ORDER

14.05.2025

1. By this appeal filed under Section 173 of Motor Vehicle Act, 1988, the

appellant- Insurance Company has challenged the award dated 04.11.2022

passed by the Motor Accident Claims Tribunal, Jammu (hereinafter referred to

as the “Tribunal”) in File No. 264/Claim titled as “Neena Devi and ors vs.

United India Insurance Company and ors.”, whereby an amount of ₹

19,70,000/- along with interest @7.5% p.a. from the date of institution of this

claim till realization of the amount has been awarded in favour of respondent

Nos. 1 to 5 (claimants) on account of death of Ashok Kumar, husband of

respondent No.1 and father of respondent Nos. 2 to 5, in a motor vehicular

accident on 7th May, 2017 due to rash and negligent driving of offending

vehicle i.e. Bus bearing Registration No.JK02AP-9977. The award of the

Tribunal is assailed on numerous grounds.

2. Today, when the case was taken up, learned counsel appearing for both the

parties, state that both the parties are at ad idem to a lump sum compensation

of Rs.17.00 lac along with interest @ 6% per annum from the date of
institution of the claim till its realization. It is also stated that respondent Nos.

1 to 5 have already received ₹8 lacs in terms of the order passed by this Court.

3. In view of the agreement arrived at between the parties, this appeal is disposed

of by reducing the award of the Tribunal from Rs.19,70,000/- to Rs.17,00,000/-

along with interest from the date of institution of the claim petition. The award

of the Tribunal is modified to the aforesaid extent and rest of the terms of the

award shall remain intact.

4. The Registry to release the amount of compensation in favour of the

claimants/respondent Nos. 1 to 5 in terms of the modified award and the excess

amount, if any, shall be refunded to the Insurance Company.

(MOKSHA KHAJURIA KAZMI)
JUDGE

Jammu
14.05.2025
Vinod.

Vinod Kumar
2025.05.15 14:42
I attest to the accuracy and
integrity of this document