HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Mac App No. 95/2022 c/w WP(C) No. 1793/2023 Date of pronouncement: 02.02.2026 Date of uploading: 02.02.2026 Ashfaq Ahmed, age 31 years S/o Riaz Ahmed R/o Qasba, Tehsil Haveli District Poonch ….. Petitioner(s)/Appellant(s) Through: Mr. Ajaz Chowdhary, Advocate. q vs 01.The Oriental Insurance Co. Ltd. Canal Road Jammu-180011 (Jammu and Kashmir) Through its Divisional Manager 02.Mohd. Arif 03.Mohd. Ashraf Sons of Mohd. Shafi Private respondents are residents of Sawjian, Tehsil Mandi District Poonch. .…. Respondent(s) Through: Mr. Amrit Sareen, Advocate in Mac App No. 95/2022. Mrs. Monika Kohli, Sr. AAG in WP(C) No. 1793/2023 Coram: HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE ORDER 02.02.2026 Mac App No. 95/2022 01. Present appeal has been directed against award dated 17.11.2021, passed by Motor Accident Claims Tribunal, Poonch [“the tribunal”] in a claim petition No. 49/claim titled “Mohd. Arif and Anr. vs. The Oriental Insurance Company Ltd. And Ors.”, vide which, claim petition came to be allowed and insurance company was saddled Sr. No. 160 2 Mac App No. 95/2022 c/w WP(C) No. 1793/2023 with liability to pay compensation, subject however with liberty to recover it from the owner of the vehicle, the appellant herein. 02. The insured-respondent No. 1 is stated to have preferred execution petition before the tribunal for the recovery of the award amount from the appellant/owner of the vehicle. 03. Appellant is aggrieved of the impugned award inter alia on the grounds that he was in possession of all the requisite and relevant documents and driver of offending vehicle was also holding a valid driving license at the time of accident. 04. It is contention of the appellant that learned tribunal passed the impugned award by holding that driving license of the driver was fake, on the basis of communication of employees of respondent- insurance company, but did not enquire into the fact that whether appellant, owner of vehicle, was aware about this fact. 05. The tribunal is well within its jurisdiction and competence to consider the pleas raised by the appellant in the present appeal, in execution proceedings. 06. Mr. Amrit Sareen, learned counsel for the insured, respondent No. 1, has admitted the legal position and has no objection to the remand of present matter to the tribunal/the executing Court. 07. In view of the above, present appeal is disposed of and matter is remanded to the tribunal, with a direction to consider the pleas raised by the appellant in the present appeal after affording a reasonable opportunity of being heard to both the sides. Till then, execution of impugned award shall stay. 3 Mac App No. 95/2022 c/w WP(C) No. 1793/2023 08. Disposed of. WP(C) No. 1793/2023 01. With the disposal of appeal, present petition also stands disposed of. 02. Disposed of. (Rajesh Sekhri) Judge Jammu 02.02.2026 Sushant Whether the order is speaking? Yes/No Whether the order is reportable? Yes/No