High CourtsSingle Bench(2020) 11 J&K CK 0008

Bajaj Allianz Insurance Co. Ltd vs Sunita Sharma And Others

Jammu And Kashmir High Court · Decided on 5 November 2020

HON’BLE JUDGES
Tashi Rabstan, J
RESULT
Disposed Of
CASE NUMBER
Motor Accident Claim Appeal No. 136 Of 2019, Civil Miscellaneous No. 8518 Of 2019

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Judgment

4 paragraphs · 195 words

Tashi Rabstan, J

Mr. Baldev Singh, learned counsel stated that vide order dated 21.02.2020, the Presiding Officer of Motor Accidents Claims Tribunal, Samba in file No. 83/MACT, titled as "Sunita Sharma vs. Showkat Ahmad Dar and ors." has deleted the name of appellant, i.e., Bajaj Allianz Insurance Co. Ltd. from the array of parties in the claim petition filed under Section 166 of Motor Vehicles Act. His statement is taken on record.

Since, as stated by Mr. Baldev Singh, the Bajaj Allianz Insurance Co. Ltd., appellant herein, has already been deleted from the array of parties in the above mentioned claim petition by the Presiding Officer, Motor Accidents Claims Tribunal, Samba, as such, the impugned award dated 05.10.2018, whereby, appellant herein was directed to pay an interim compensation of Rs. 50,000/- under Section 140 of Motor Vehicles Act to respondent Sunita Sharma, is set aside. However, the learned Tribunal is at liberty to pass fresh orders. The amount, if any, deposited by the appellant before the Registry of this Court, be remitted back to the appellant along with interest, if any accrued thereon, after following due procedure.

Disposed of as above along with connected CM.