New India Assurance Co vs Shair Khan Khatana & Others
2021 Latest Caselaw 903 j&K/2

Citation : 2021 Latest Caselaw 903 j&K/2
Judgement Date : 13 August, 2021

Jammu & Kashmir High Court - Srinagar Bench

New India Assurance Co vs Shair Khan Khatana & Others on 13 August, 2021

                                                                            Sr. No. 207

            IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                               AT SRINAGAR
                                                        CMAM No. 54/2016
                                                        IA no. 02/2016



 New India Assurance Co.                                         ...Appellant(s)
                     Through:    Ms. Muzamil, Advocate vice
                                 Mr. Manzoor Ahmad Dar, Advocate

         V/s

Shair Khan Khatana & Others.                                   .....Respondent(s)

                     Through:    Mr. G. Q. Bhat, Advocate.
                                 Mr. M. Rouf, Advocate.

CORAM: HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE

(ORDER)

Counsel for the respondent No. 7, states that during the pendency of the present appeal, the said respondent has passed away. It may be open to the appellant to take steps to bring on record the representatives of the said deceased respondent.

Counsel for the claimants' states that claimants have only received a part payment of the award amount and made a prayer that claimants are in dire need of money, therefore, rest of the amount be released in their favour. The main argument of the learned counsel for the appellant-insurance company is with regard to the validity of the driving license, possessed by the driver of the offending vehicle and the company seeks a right on the principal of pay and recover only, in view of the Apex Court judgment reported in Singh Ram v. Nirmala & others,AIR 2018 SC 1290.

In that view of the matter, Registry is directed to release the balance award amount in favour of the claimants in terms of the award subject to furnishing an undertaking that in case the appeal succeeds, claimants shall repay the amount.

List again on 7th October, 2021.

(DHIAJ SINGH THAKUR) JUDGE Srinagar 13th August, 2021.

"Ab. Rashid"