Jammu & Kashmir High Court
United India Insurance Co. Ltd Th Sunil … vs Mohd Imran And Others on 19 December, 2024
Author: Wasim Sadiq Nargal
Bench: Wasim Sadiq Nargal
Sr.No. 30
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case: Mac App No. 72/2022
a/w clubbed matters
United India Insurance Co. Ltd th Sunil Kumar ....Appellant/Petitioner(s)
Thapa
Through :- Mr. Sanjay. K. Dhar, Advocate.
V/s
Mohd Imran and others ....Respondent(s)
Through :- Mr. Irfaan Khan, Advocate.
Coram: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
ORDER
19.12.2024
CM No. 6964/2024
01. Motor Accidents Claims Tribunal (MACT), Ramban, by virtue of a
common award dated 30.11.2021 disposed of three claim petitions one of them
being claim petition No. 81/Claim filed by respondent No. 1-Mohd Imran claiming
compensation for loss caused to his property by the offending vehicle bearing
registration RJ-07-GB-1097 driven rashly and negligently by respondent No. 1,
hit his readymade garments shop and caused damages to the goods inside the shop
and shop was also damaged.
02. Motor Accident Claims Tribunal (MACT), Ramban came to award
compensation of an amount of Rs 7,60,000/- along with interest @7.5 % per
annum whereof the appellant- United India Insurance Co. Ltd. came forward with
the present appeal in which Court in terms of an order dated 01.08.2022 came to
direct deposit of the awarded amount. Accordingly, an amount of Rs. 9,99,083/-
came to be deposited as is borne out from the Office Noting dated 11.10.2022.
2
03. This Court, in terms of an order dated 13.09.2023 came to allow withdrawal
of an amount of Rs 2.50 lacs of the said deposited amount in favour of the
claimant/respondent No. 1.
04. Now through the medium of the present application i.e., CM No.
6964/2024, the respondent No. 1-Mohd. Imran is asking for further release of
compensation amount in his favour on account of huge damage to his shop as a
result of the accident and on the repair costs, the interest due on the loan taken for
the shop, has ballooned up due to the shop being virtually defunct.
05. For the reasons stated in the application, this Court hereby orders the release
of an additional amount of Rs. 4,00,000/-(Four Lakh Rupees) out of the remaining
deposited amount in favour of respondent No. 1-Mohd. Imran, subject to
furnishing of an undertaking that said respondent No. 1-Mohd Imran shall abide
by any order/direction on the final outcome of the appeal in the event of
reversal/reduction of compensation amount whichever that may be.
06. Amount to be released by the Registrar Judicial, Jammu through Bank
account transfer in favour of the claimant/respondent No. 1-Mohd Imran after
proper identification of the said respondent No.1 by the counsel representing him.
07. The present application is, accordingly, ‘disposed of’.
08. List the main matter on 27.02.2025.
(Wasim Sadiq Nargal)
Judge
Jammu:
19.12.2024
RenuRenu Bala
2024.12.21 16:40
I attest to the accuracy and
integrity of this document
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