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2021 DAILYLAW 708 (JK)

SHAM LAL v. SUNITA DEVI, W/O LATE SH. SUBASH CHANDER

Mac App/94/2021 · 2026-04-06

Moksha Khajuria Kazmi

body2021

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM No. 6855/2021 Mac App No. 94/2021 Sham Lal .....Applicant(s)/Petitioner(s) Through :- Mr. Sandeep Singh, Advocate v/s Sunita Devi .....Respondent(s) Through :- Mr. Sunny Mahajan, Advocate for R-5 CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 06.04.2026 1. This appeal under Section 173 of the Motor Vehicles Act is against award dated 05.06.2017 passed by the Motor Accident Claims Tribunal, Jammu in File Claim No. 447/2014 titled “Sunita Devi and Others vs. Bajaj Allianz and Others”, whereby respondent no. 5 was directed to pay an amount of Rs. 11,48,240/- along with interest @7.5% with liberty to recover the said amount from the appellant. 2. Learned counsel representing respondent no. 5 states that statement of the appellant has already been recorded before the MACT, Jammu wherein he has stated that the driving license of the driver/appellant was not valid at the time of the accident, i.e., 09.02.2014, moreover he has already been appearing before the Executing Court, as such, instant appeal is not maintainable. 3. In view of the above, application seeking condonation of delay, i.e., CM No. 6855/2021 is dismissed. AS a consequence thereof, Mac App No. 94/2021 shall stand dismissed. Sr. No. 41 2 4. Learned counsel for the appellant states that he has deposited an amount of Rs. 25,000/- before the Registry of this Court at the time of filing of this appeal vide receipt dated 15.12.2021. Let the same be remitted to MACT, Jammu along with interest so that the same can be released in favour of the Insurance Company. (Moksha Khajuria Kazmi) Judge JAMMU 06.04.2026 Manik