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2024 DAILYLAW 641 (JK)

NATIONAL INSURANCE CO. LTD. TH ARUNIMA TICKOO v. NOOR JHAN AND OTHERS

Mac App/86/2024 · 2026-05-30

Moksha Khajuria Kazmi

body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Mac App No.86/2024 And Mac App No.87/2024 Mac App No.86/2024 National Insurance Company Ltd. (T.P. Motor Claims Hub) through its Dy. Manager Arunima Tickoo Shalimar Road, Jammu …..Appellant(s) Through: Mr. Sanjay K. Dhar, Advocate Vs 1. Noor Jhan W/o Late Mohd. Iqbal 2. Marjeena D/o Late Mohd Iqbal 3. Shabo D/o Late Mohd. Iqbal 4. Khushi D/o Late Mohd. Iqbal 5. Kohinoor S/o Late Mohd. Iqbal All residents of Village Lauki Lala Tehsil & District Sant Kabir Nagar, U.P. at present Channi Rama, Jammu Appellant Nos. 4 & 5 being minor through their mother respondent No.1 6. M/s Tawi road Builders 207 B-2 South Block Bahu Plaza, Jammu 7. Rajinder Kumar S/o Braham Raj R/o Khanna Charal Bajalta, Jammu ……..Respondent(s) Through: None Mac App No.87/2024 National Insurance Company Ltd. (T.P. Motor Claims Hub) through its Dy. Manager Arunima Tickoo Shalimar Road, Jammu …..Appellant(s) Through: Mr. Sanjay K. Dhar, Advocate Vs 1. Mohd. Yaseen S/o Mohd. Farzan 2. Safia Fatoon W/o Mohd. Farzan 3. Mohd. Salamat S/o Mohd. Yaseen 4. Sadeena Nisa All residents of Village Lauki Lala Tehsil & District Sant Kabir Nagar, U.P. at present Channi Rama, Jammu Sr. No. 73 2 6. M/s Tawi road Builders 207 B-2 South Block Bahu Plaza, Jammu 7. Rajinder Kumar S/o Braham Raj R/o Khanna Charal Bajalta, Jammu …….Respondents Through: None Coram:HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 30.05.2026 1. Both these appeals are directed against a common award dated 27.03.2024 passed by the Motor Accident Claims Tribunal, Jammu in file No.70/C titled Noor Jhan and others v. National Insurance Co. Ltd. and others and file No.71/C titled Mohd. Yaseen and others v. National Insurance Co. Ltd. and others, whereby claimants in Claim Petition No.70/C have been granted compensation to the tune of Rs.17,88,000/- on account of death of Mohd. Iqbal, and claimants in Claim Petition No.71/C have been awarded Rs.14,84,800/- on account of death of Salman, in a motor vehicular accident. The compensation was awarded along with interest @ 7.5% per annum from the date of filing of the claim petition till realization. The appellant Insurance Company was directed to satisfy the award, however, liberty was given to the Insurance Company to recover the amount from owner of the offending vehicle. 2. On 14.07.2025, the parties were sent to mediation. Report from the Coordinator, Main Mediation Centre, Jammu has been received, which indicates that the matter has been settled between the parties. As per the report of the mediator dated 07.04.2926, the parties have settled the claim in the following manner: i. In Mac App No.86/2024 titled NIC v. Noor Jhan and others, it has been agreed between the parties that the appellant-Insurance Company shall pay a lumpsum amount of Rs.24,50,000/- excluding 3 the amount already received by the claimants towards interim compensation. ii) In Mac App No.87/2024 titled NIC v. Mohd. Yaseer and others, it has been agreed between the parties that the appellant-Insurance Company shall pay a lumpsum amount of Rs.17,00,000/- to the claimants-respondents excluding the amount received by the claimants towards interim compensation. iii) It has also been agreed by both the parties that the right of recovery against the owner of the offending granted in favour of the appellant-Insurance company shall remain intact. 3. In view of the above, both these appeals are disposed of as settled in terms of the settlement arrived at between them before the mediator. The claimants in Mac App No.86/2024 shall receive an amount of Rs.24,50,000/- excluding the amount already received by them towards interim compensation, as full and final settlement of claim. The Claimants in Mac App No.87/2024 shall receive an amount of Rs.17,00,000/- excluding the amount already received by them towards interim compensation, as full and final settlement of their claim. The Registry shall release the amount in favour of the claimants/respondents in terms of the settlement arrived at between the parties after proper identification and verification. The excess amount, if any, shall be refunded to the appellant- Insurance Company. (Moksha Khajuria Kazmi) Judge Jammu 30.05.2026 Vinod, Secy Vinod Kumar 2026.06.02 15:03 I attest to the accuracy and integrity of this document