National Ins. Col Ltd vs Mst. Hajra & Others
2021 Latest Caselaw 746 j&K/2

                                                                                               Sr. No. 101

                                      IN THE HIGH COURT OF JAMMU AND KASHMIR
                                                    AT SRINAGAR.
                                                                        CM No. 3659/ 2021 in
                                                                        MA No. 04/2019
                                                                        CM No. 3656/2021



                      National Ins. Col Ltd.                                          ...Applicant(s)
                                         Through:   Mr. N. A. Dandroo, Advocate.

                               V/s

                      Mst. Hajra & Others.                                           ...Respondent(s)

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

(ORDER)

CM No. 3656/2021.

For reasons mentioned in the application, same is allowed and learned counsel for the applicant(s) is directed to deposit the requisite court within a weeks' time. CM disposed of.

CM No. 3659/2021.

This is an application filed by the applicant-insurance Company seeking refund of the award amount so deposited before the Registry of this Court. It is averred that that applicant-insurance company preferred an appeal against the award dated 7th October, 2018, passed by the Motor Accident Claims Tribunal, Srinagar in case tilted Mst. Hajara and others v. Nazia Nazir Mir and another, before this Court. The appeal was partly allowed in terms of the judgment dated 6th April, 2021, and the award passed by the MACT, Srinagar was set-aside and the record was sent back to the learned Tribunal with the direction to consider the matter afresh. Learned counsel for the applicant-insurance company therefore, through medium of present application seeks refund of the award amount, deposited before the Registry of this Court.

Be that as it may, Registry is directed to refund the amount so deposited by the applicant-insurance Company before this Court in the aforesaid case along with interest, if any, accrued thereto. Disposed of.

(TASHI RABSTAN) JUDGE Srinagar ABDUL RASHID GANAI 12th July, 2021.

2021.07.13 22:48          "Ab. Rashid"
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