Bajaj Allianz General Insurance ... vs Shabir Ahmad Sofi & Ors
2021 Latest Caselaw 997 j&K/2

S.N 4
A.N
              HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                             AT SRINAGAR
                                  ...

                                    IA No. 8/2013 in
                                   CMAM No. 161/2010

        Bajaj Allianz General Insurance CO. Ltd.                  .... Appellant(s)

                                 Through: Mr. Tariq A. Malik, Advocate.

                                            Versus

        Shabir Ahmad Sofi & Ors.                                 ...Respondent(s)

                                   Through: None.

        CORAM:
            HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE

                                         ORDER

01.09.2021

This application has been filed seeking recovery of the amount in

arrears in terms of the judgment and order dated 05.03.2013. As per the

aforementioned order the claimant was supposed to receive an amount of Rs.

39.50 lacs less by the amount already received. It was further ordered that

taking into consideration the amount already received, an amount of Rs.

29.25 lacs was due and payable to the claimant. The Registry was

accordingly directed to release the said amount in favour of the claimant

through an account payees cheque.

As per the report submitted by the Registrar Judicial of this Court

dated 01.12.2020, it is stated that as against the amount of Rs. 39.50 lacs

which was to be received by the claimant, the claimant had received 457027/

lacs. It is further stated that the total amount of Rs. 1030748/- has been

returned to the Insurance Company on 20th September 2014 in compliance to

the order dated 05.03.2013.

From the report of the Registry it appears that some amount has been

returned to the Insurance Company but whether the interest of the insurance

company has been fully protected in terms of order dated 05.03.2013, is not

clear.

In that view of the matter, it is directed that the MACT, Srinagar, shall

determine as to whether any excess amount other than what was ordered to

be given to the claimant by virtue of order dated 05.03.2013, remains

payable to the Insurance Company yet. In case it is found that in addition to

the amount which has already been returned by the Registry, some

additional amount is payable to the Insurance Company then the same may

be recovered from the claimant.

Disposed of.

(Dhiraj Singh Thakur) Judge Srinagar 01.09.2021 "NuzhatShafi"