Jammu & Kashmir High Court – Srinagar Bench
Oriental Insurance Company vs Jameela Akhter And Ors on 5 April, 2025
Author: Rahul Bharti
Bench: Rahul Bharti
S.No. 82
Supp. List
IN THE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP (C )756/2025
CM 1877/2025
ORIENTAL INSURANCE COMPANY ...Petitioner(s)/Appellant(s)
LTD. TH. MANAGER
Through: Mr. Tariq Ahmad Malik, Advocate
Vs.
JAMEELA AKHTER AND ORS. ...Respondent(s)
Through:
CORAM:HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
05-04-2025
1. The petitioner-Oriental Insurance Company (OIC)
Limited is invoking jurisdiction of this court both in
terms of article 226 as well as article 227 of the
Constitution of India being aggrieved of a purported
National Lok Adalat Award, District Anantnag
dated 14.09.2024 passed by Bench No. 1 in a case
titled “Jameela Akhter and Ors. vs. Manager
Oriental Insurance Company Mehandi Kadal
Anantnag” in terms whereof a compensation of Rs.
15 lacs has been purportedly fastened upon the
petitioner to be payable to the respondent No.1.
2. The petitioner is coming forward with a plea that the
respondent No. 5-Advocate Khan Sameer who was
representing the petitioner in connection with
conduct of proceedings before the National Lok
Adalat by no stretch of authority was competent to
concede for settlement of the case for any amount
whatsoever, much less for the one mentioned in the
lok adalat award, as the claim of the respondent No.
1 for compensation per se was not admissible as the
deceased himself was the driver of the insured
vehicle which had met the accident and the
insurance cover was only 3rd party insurance cover
and not comprehensive insurance cover.
3. Issue notice to the respondents except the
respondent No 6.
4. Petitioner to furnish registered postal covers before
the Registrar Judicial, Srinagar within a period of
seven days, whereupon notices shall be issued to the
said respondents returnable within a period of four
weeks.
5. Send for the record of file of Bench No. 1 of the
National Lok Adalat, District Anantnag in the case
titled “Jameela Akhter and Ors. vs. Manager
Oriental Insurance Company Branch Office
Mehandi Kadal Anantnag” as also the record of
claim petition titled “Jameela Akhter and Ors. vs.
Manager Oriental Insurance Company Branch
Office Mehandi Kadal Anantnag” from the Motor
Accident Claims Tribunal (MACT), Anantnag
which got disposed of in terms of the lok adalat
award under challenge.
6. List on 20th May, 2025.
7. In the meantime, operation of the lok adalat award
passed by the Bench No.1 on 14.09.2024 in case
titled “Jameela Akhter and Ors. vs. Manager
Oriental Insurance Company Branch Office
Mehandi Kadal Anantnag” shall remain stayed.
8. This order is however subject to objections from the
respondents put to notice.
(RAHUL BHARTI)
JUDGE
SRINAGAR:
05-04-2025
Mubashir
[ad_1]
Source link