National Insurance Co. Ltd vs Jagjeet Singh Bali
2021 Latest Caselaw 41 j&K/2

                                                                      Sr. No. 217


              HIGH COURT OF JAMMU AND KASHMIR
                      (Srinagar Bench - DB)
                      (Through video conference from Jammu)

                                                  CM(538/2020) in
                                                  MA No. 236/2015
                                                  (Through video conference)

National Insurance Co. Ltd.                         .....Petitioner(s)/Appellant(s)

                               Through :- None.

                         V/s

Jagjeet Singh Bali                                              .....Respondent(s)

                               Through :-   Mr. Hilal A. Wani, Advocate


Coram:      HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE
            HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                                   ORDER

CM No.538/2020

1. Through the medium of instant application, release of award amount,

deposited before the Registry of this Court on 19.12.2015 as also 25%

(i.e.Rs.1,00,750/- by cheque dated 14.10.2015) of the award amount

deposited before the erstwhile J&K State Consumer Commission in

favour of the applicant-respondent, is sought for.

2. It is contended by learned counsel for the applicant-respondent that

National Insurance Company has filed an appeal, bearing MA

No.236/2015, against the Award passed by the State Consumer

Redressal Commission, Srinagar, before this Court. It is also contended

that the Insurance Company was directed to deposit the entire award

amount before the Registry of this Court and in compliance thereof,

Insurance Company has deposited an amount of Rs.3,02,250/- before the 2 CM(538/2020) in MA 236/2015

Registry of this Court and 25% of the awarded amount, i.e. Rs.1,00,750/-

before the erstwhile State Consumer Redressal Commission. It is also

contended by learned counsel for the applicant-respondent that since the

learned State Consumer Commission is not in existence, as such, the

applicant-respondent seeks direction to release of the deposited amount

pending before it. It is further submitted that since the Appeal, filed by

the Insurance Company, has been dismissed and the award amount has

been deposited before this Court and 25% before the State Consumer

Redressal Commission, as such, the applicant-respondent seeks release

of the said award amount. Copy of the judgment passed in MA No.

236/2015 has also been placed on record.

3. Application, for reasons detailed therein, is disposed of with a direction

to the Registry of this Court to release the awarded amount deposited

before it on 19.12.2015 in favour of the applicant-respondent upon his

proper identification and verification and strictly in terms of the

impugned award. So far as with regard to other amount is concerned, the

authority before whom the said amount is lying at present shall also

release the same in favour of the applicant upon his proper identification

and verification.

JAMMU                            (SANJAY DHAR)          (TASHI RABSTAN)
03.02.2021                              JUDGE                    JUDGE
(Madan Verma)