Bajaj Allianz General Insurance ... vs Wazir Hussain And Others
2021 Latest Caselaw 1330 j&K

                                                                     Sr. No.75

                HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
                              AT JAMMU

                                                  CM No.7666/2021
                                                  in MA No.41/2017

Bajaj Allianz General Insurance Co. Ltd.            ....Petitioner(s)/Appellant(s)

                  Through :- Mr. Sunny Mahajan, Advocate.


          V/s

Wazir Hussain and Others                                      ....Respondent(s)

                  Through :-   None.

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

                                      ORDER

22.10.2021

CM No.7666/2021

The applicants-claimants have moved this application seeking disposal

of the main appeal on the basis of judgment dated 17.07.2020 passed by this

Court in MA No.235/2017 title Reliance General Insurance Co. Ltd. Vs. Faqir

Mohd. and others, as according to them, this judgment squarely covers the main

appeal.

In light of averments made in the application, the same is allowed and

the main appeal is taken on board.

MA No.41/2017

The main plea raised by the insurance company in the appeal is that

the offending vehicle was not involved in the accident. The Division Bench of

this Court has passed a judgment reported in 2010(1)SLJ 93 title Oriental

Insurance Co. Vs. Som Raj and others, on the same facts as are in the present

case.

in MA No.41/2017

Accordingly, this appeal is, disposed of, in light of judgment dated

17.07.2020 passed in MA No.235/2017 title Reliance General Insurance Co.

Ltd. Vs. Faqir Mohd. and others and decision of Hon'ble the Division Bench

reported in 2010(1)SLJ 93 title Oriental Insurance Co. Vs. Som Raj and

others. The disbursement of the amount deposited before the Registry of this

Court on account of no fault liability shall await the final outcome of the claim

petition filed before MACT, Rajouri.

Disposed of as above.

(Tashi Rabstan) Judge Jammu:

22.10.2021 Surinder Whether the order is speaking? Yes/No Whether the order is reportable? Yes/No

SURINDER KUMAR 2021.10.22 16:31 I attest to the accuracy and integrity of this document