National Insurance Co. Ltd vs Muzaffar Ahmad And Others
2021 Latest Caselaw 185 j&K

                                                           Sr. No. 208

            HIGH COURT OF JAMMU AND KASHMIR
                        AT JAMMU

                                                          CONC 252/2015
                                                          in
                                                          Mac App 31/2021
                                                          CM 1902/2021
National Insurance Co. Ltd.
                                                   ...Applicant/appellant(s)



                              Through:- Mr. Baldev Singh, Advocate
            v/s

Muzaffar Ahmad and others
                                                          .... Respondent(s)


                              Through:- Mr. B. S. Bali, Advocate

Coram: HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE


                               ORDER

1. Having regard to the contents of the application coupled with the

submissions made by learned counsel for the parties, there appears to be

sufficient explanation tendered by the applicant warranting condonation of

delay.

2. Condonation application is, accordingly, allowed and delay is

condoned, subject o the payment of Rs. 1500/- as costs payable by the

applicant-company and to be deposited in the Advocates‟ Welfare Fund

within a week‟s time.

3. Condonation application is disposed of.

4. Registry to register and diarize the appeal

5. Main appeal is taken on board.

                                     2                Cond 252/2015 in Mac App 31/2021

Mac App 31/2021
CM 1902/2021

1. This appeal under Section 173 of Motor Vehicles Act is directed

against the award dated 10.06.2015 passed by the Motor Accident Claims

Tribunal, Ramban (for short „the Tribunal‟) in file No. 06/Claims titled

"Muzaffar Ahmed vs. National Insurance Co. Ltd and others" whereby the

claimant-Muzaffar Ahmed has been awarded a sum of Rs. 2,18,000/- along

with pendentelite and future interest at the rate of 7.5% per annum throughout

till realization.

2. Learned counsel appearing for the parties made a joint request for

final settlement of the appeal in view of the limited nature of controversy

involved thereon.

3. According to the learned counsel for the appellant the Tribunal

has granted interest on future loss of income in favour the claimant-

respondent No. 1 which in law cannot be granted.

4. Mr. Baldev Singh, learned appearing counsel for the appellant-

company in this regard heavily places reliance on a judgment of this Court

reported in 2017 (4) JK Judgments 574 titled as Union of India vs. Abdul

Aziz.

5. Mr. Bali, learned counsel for the claimant-respondent No. 1 fairly

concedes to the legal position as referred to and relied upon by leaned counsel

for the appellant.

6. Having regard to the nature of controversy involved in the instant

appeal coupled with the submissions made by learned counsel for the parties

and the judgment referred to and relied upon (supra) by learned counsel for 3 Cond 252/2015 in Mac App 31/2021

the appellant the award in question is modified to the extent that the interest

awarded on future income shall stand set aside.

7. The basic amount of award granted along with interest accrued

there upon shall be payable by the appellant to the claimant-respondent No. 1

herein.

8. The awarded amount shall be deposited by the learned counsel

for the appellant within two weeks before the Registrar Judicial of this Court,

who shall thereafter release the same in favour of the claimant-Muzaffar

Ahmed through his counsel after proper verification and identification.

9. With the aforesaid modification, the instant appeal is,

accordingly, disposed of along with connected CM(s).

(JAVED IQBAL WANI) JUDGE

Jammu 24.02.2021 Bir

Whether the order is speaking: Yes Whether the order is reportable: Yes/No

BIR BAHADUR SINGH 2021.03.01 14:41 I attest to the accuracy and integrity of this document