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Jammu & Kashmir High Court - Srinagar Bench
Reliance General Insurance Company vs Shafeeqa Begum And Others on 16 February, 2026
Author: Rahul Bharti
Bench: Rahul Bharti
14
Regular
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
Mac App 7/2026 CM(653/2026).
RELIANCE GENERAL INSURANCE COMPANY
LIMITED TH.ITS SR.LEGAL MANAGER.
...Applicant(s)
Through: Mr. Tariq Ahmed Malik, Advocate.
VERSUS
SHAFEEQA BEGUM AND OTHERS.
...Non-Applicant(s)
Through: None.
CORAM:
HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE.
ORDER
16.02.2026
1. This is an appeal under Section 173 of the Motor Vehicles Act,
1988 at the instance of the applicant-Reliance General Insurance
Company Limited, the insurer of the offending vehicle bearing No.
JK05C-8908, owned by the non-applicant/respondent No. 5 and
driven by the non-applicant/ respondent No. 4, which caused an
accident resulting in permanent disablement of Mohammad Altaf
Bhat to extent of 90%.
2. During the pendency of claim petition, the injured claimant-
Mohammad Altaf Bhat expired, whereupon his legal
representatives, his widow and two minor children (son and
daughter), were brought on record to carry the claim petition to its
logical end in respect of claims relatable to loss of estate,
attendant charges and medical expenses.
3. The Court of Motor Accident Claims Tribunal (MACT), Srinagar
has awarded compensation of Rs. 67,30,886/- along with interest
from the date of filing of the claim petition till its actual
realization.
4. The applicant/appellant has been fastened with the liability to
pay the compensation, while simultaneously reserving in its favour
the right to pay and recover the same from the owner of the
offending vehicle.
5. The applicant/appellant is aggrieved both with regard to the
quantum of compensation as well as the application of "Pay and
Recover" principle directing it to satisfy the award at the first
instance.
6. The respondents No. 2 and 3 are minor children of the deceased,
Mohammad Altaf Bhat, born of different wives.
7. Thus, service of the respondent No. 2 shall be effected through
respondent No. 1, whereas the respondent No. 3- Rutba Altaf
(minor daughter), shall be served through her mother- Parveena
Begum.
8. Issue notice in condonation of delay application to the non-
applicants/respondents No. 1, 4 and 5 only.
9. The applicant/appellant shall furnish registered postal covers for
service upon the aforesaid non-applicants/respondents within a
period of seven days, whereupon notice to go the said non-
applicants/respondents.
10. Notice in CM No. 653/2026 as well.
11. The applicant/appellant shall deposit the entire award amount
along with updated interest with the Registrar Judicial, Srinagar
within a period of six weeks.
12. Upon such deposit, the amount shall be kept in a fixed deposit by
the Registrar Judicial, Srinagar for an initial period of six months,
extendable thereafter, unless recalled or varied. Upon deposit of
the awarded amount, the operation of the impugned award shall
remain stayed.
13. List on 23rd March, 2026.
(RAHUL BHARTI)
JUDGE
SRINAGAR
16.02.2026
Bisma Jan.
