High CourtsSingle Bench(2023) 07 J&K CK 0013

United India Insurance Company vs Bahadur Singh & Ors

Jammu And Kashmir High Court · Decided on 4 July 2023

HON’BLE JUDGES
Rahul Bharti, J
CASE NUMBER
Miscellaneous Application No. 59 Of 2023, Civil Miscellaneous No. 3980United India Insurance Company Of 2023

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Judgment

8 paragraphs · 254 words

Rahul Bharti, J

This is a miscellaneous appeal under the provisions of the Motor Vehicles Act, 1973 against an award dated 31.03.2023 passed by the Motor Accident Claims Tribunal, Reasi (in short, ‘Tribunal’) thereby granting compensation of an amount of Rs.15,30,000/- in favour of the claimants on account of a road traffic accident resulting in death of Lehar Singh. The respondents no. 1 and 2 are the claimants whereas respondents no. 3 and 4 are the owner and driver of the offending vehicle involved in the accident which occasioned on 26.05.2015.

In terms of an award dated 31.03.2023, the Tribunal has awarded compensation against the owner and driver of the offending vehicle but the appellant i.e Insurance Company has been directed to satisfy the said award and then recover the same from the respondents no. 3 and 4.

The appellant-Insurance Company is questioning this award on account of the fact that it has been directed to pay and recover.

Issue notice to the respondents no. 3 and 4.

Appellant to furnish registered postal covers for the service of the respondents no. 3 and 4 within a period of fifteen days whereupon the Registrar Judicial, Jammu to issue notice to the respondents no. 3 and 4.

List on 24.07.2023.

In the meantime, the appellant-Insurance Company to deposit the entire award amount along with accrued interest before the Registry of this Court within a period of thirty days whereupon the same to be kept as a Fixed Deposit Receipt (FDR) till an order for its release.