Div. Manager & Ors vs Shah Qasim & Ors
2021 Latest Caselaw 820 j&K/2

Citation : 2021 Latest Caselaw 820 j&K/2
Judgement Date : 29 July, 2021

Jammu & Kashmir High Court - Srinagar Bench

Div. Manager & Ors vs Shah Qasim & Ors on 29 July, 2021

                                                                                                   Sr. No. 126

                               HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                              AT SRINAGAR.
                                                                            CM No. 48942/2021 in
                                                                            Mac App. No. 59/2019



                         Div. Manager & Ors.                                              ...Applicant(s)
                                        Through:      Mr. Nissar Ahmad Dendroo, Advocate

                                V/s

                         Shah Qasim & Ors.                                               ...Respondents(s)

Through:

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

(ORDER)

This is an application filed by the applicant/appellant-insurance company for refund of the excess amount. It is stated that the award passed by the Motor Accident Claims Tribunal, Anantnag dated 23rd January, 2019, was challenged in Mac App. No. 59/2019. The appeal was partly allowed vide judgment dated 15th July 2021, and award of the learned Tribunal has been modified by reducing the compensation from Rs. 38,20,794/- to Rs. 25,80,000/= along with interest @ 7.5% per annum. Therefore, the appellant- insurance company has filed the instant application for refund of the excess amount so deposited before the Registry of this Court.

Having regard to the averments made in the application, coupled with submissions made at Bar, application is allowed and the excess amount, if any, deposited by the appellant-insurance company before the Registry of this Court is ordered to be refunded to the appellant-insurance company along with the interest, if any, accrued as on date after fulfilling the all codal formalities. CM disposed of.

(TASHI RABSTAN) JUDGE Srinagar 29th July, 2021.

"Ab. Rashid"

ABDUL RASHID GANAI 2021.08.06 22:03 I attest to the accuracy and integrity of this document