United Ind. Ins. Co. Ltd vs Tabinda Siddiqui & Ors
2021 Latest Caselaw 187 j&K/2

                                                                                               Item No.101 Adm. List

                                                      IN THE HIGH COURT OF JAMMU AND KASHMIR
                                                                    AT SRINAGAR
                                                                                       CM No. 772/2021 in
                                                                                       CMAM No. 181/2014.
                                                                                       IA No. 01/2015,IA No. 13/2017
                                                                                       CM No. 774/2021.



                          United Ind. Ins. Co. Ltd.                                                  ...Petitioner(s)
                                              Through:       Mr. Shakir Haqani, Advocate for the applicant.

                                    V/s

                         Tabinda Siddiqui & Ors.                                                      ...Respondent(s)

CORAM: HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE

(ORDER)

CM No. 772/2021 Requirement of depositing the requisite Court fee is dispensed with subject to the needful to be done before receiving the award amount.

CM disposed.

CM No. 774/2021 This is an application filed by the respondents/claimants for release of the award amount.

It is submitted that the claimants/applicants have filed a claim petition before the Motor Accident Claims Tribunal (MACT) Leh, for payment of compensation on account of death of one Saif-ud-din Siddiqui in a road accident near Rumtse Leh. The claim petition was decided by the MACT Leh, on 23rd June 2014, whereby the learned MACT Leh, has held that the respondents/claimants 1-5 are entitled to the compensation of Rs. 36,40,000/- with 7.5% interest per annum from the date of filing of the claim petition.

Aggrieved by the same, appellant-insurance company has filed the appeal being CIMA 181/2014, which came to be disposed of by virtue of judgment dated 01.02.2021, by reducing the award amount by Rs. 1.00 lac with interest of 6% per annum.

Learned counsel for the applicants/claimants submits that in the judgment there is no mention with regard to the release of the award amount. It is also submitted that the appellant-insurance company has already deposited the award amount before the Registry of this Court and the same is lying in the term deposit.

Having heard learned counsel for the applicants/claimants and perused the application as also the judgment passed by a coordinate Bench of this Court. Since the award amount stands already deposited by the appellant-insurance company before the Registry of this Court, therefore, keeping this application on board will not serve any purpose, as such, same is allowed with a direction to the Registry to release the award amount in favour of the rightful applicants/claimants in terms of the judgment dated 01.02.2021, after proper identification/verification. The Registry shall also remit back the excess amount, if any, deposited by the appellant- insurance company.

CM disposed of.

(TASHI RABSTAN) JUDGE Srinagar 22.02.2021 "Ab. Rashid"

ABDUL RASHID GANAI 2021.02.23 00:50 I attest to the accuracy and integrity of this document