National Insurance Company vs Mohammad Akbar Bhat
2021 Latest Caselaw 609 j&K/2

Citation : 2021 Latest Caselaw 609 j&K/2
Judgement Date : 31 May, 2021

Jammu & Kashmir High Court - Srinagar Bench

National Insurance Company vs Mohammad Akbar Bhat on 31 May, 2021

                                                                               S. No. 223
                                                                          After Notice Causelist


               IN THE HIGH COURT OF JAMMU AND KASHMIR
                                                AT SRINAGAR

                                    (THROUGH VIRTUAL MODE)


                                       Case: CM (1644/2020)
                                 FAO (D) 11/2019 c/w FAO (D) 8/2019

           National Insurance Company
                                                                   ... Petitioner/Appellant(s)
           Through: Mr. J. A. Kawoosa, Advocate

                                          V/s
           Mohammad Akbar Bhat
                                                                          ... Respondent(s)

Through: Ms. Swaiba, Advocate

CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE

The appeal has been filed against the order dated 2.7.2019 passed by the J&K State Disputes Redressal Commission at Srinagar, whereby the amount of compensation for the loss sustained has been enhanced. In filing this appeal, the appellant has deposited 25% of the disputed amount.

The submission of the learned counsel for the respondent is that there is no interim order operating in the appeal and that the respondent is entitled to the release of above 25% amount deposited in the High Court.

Perusal of the order sheet reveals that there is no stay order against the judgment and order of the J&K State Disputes Redressal Commission, Srinagar, and, therefore, the respondent is entitled to realize the entire amount awarded. Accordingly, 25% of the amount deposited before this court is directed to be released in favour of the respondent.

Application CM 1644/2020 is allowed.

List on 28.7.2021.

                               (VINOD CHATTERJI KOUL)               (PANKAJ MITHAL)
                                             JUDGE                    CHIEF JUSTICE
         Srinagar
         31-05-2021
NISSAR A BHAT
2021.05.31N14:05
               Ahmad
I attest to the accuracy and
integrity of this document