Research › Search › Judgment

High Court of Jammu and Kashmir · body

2025 DAILYLAW 10801 (JK)

GHULAM HASSAN MIR v. UNITED INDIA INSURANCE COMPANY LIMITED AND ORS.

CM(M)/588/2025 · 2025-12-27

Sanjay Dhar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

52 Supp IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Date of Pronouncement 27.12.2025 Uploaded on 27.12.2025 CM(M) 588/2025 CM(8834/2025) CM(8835/2025) GHULAM HASSAN MIR ….. Petitioner (s) Through: Mr. Khalid Jahangeer Khawaja, Advocate. V/s UNITED INDIA INSURANCE COMPANY LIMITED AND ORS. ….. Respondent(s) Through: Coram: Hon’ble Mr. Justice Sanjay Dhar, Judge ORDER 27.12.2025 CM No. 8834/2025: For the reasons stated in the application the same is allowed and the requirement of filing certified copy of impugned order is dispensed with. The petitioner shall file the same within one week. CM disposed of. CM(M) No. 588/2025: 1. The petitioner, through the medium of present petition, has challenged order dated 11.08.2025, passed by the learned Motor Accidents Claims Tribunal, whereby during the execution P a g e | 2 CM(M) 588/2025 CM(8834/2025) CM(8835/2025) proceedings, recovery certificate for realization of the amount of compensation paid by respondent No. 1 to the claimants, has been issued in favour of respondent No. 1 and the same has been sent to Collector, Kupwara for realization of the amount as arrears of land revenue. 2. Learned counsel for the petitioner, has submitted that the petitioner had filed objections to the execution petition before the Tribunal, but the same have not been considered. It has been contended that the vehicle in question had already been sold by the petitioner prior to the accident which forms the subject matter of the claim petition. 3. The contentions that have been raised by the petitioner in this petition and in the objections which he has filed before the learned Tribunal, cannot be gone into during the execution proceedings. Once the award has been passed giving the Insurance Company right to recover the amount of compensation payable to the claimants from the petitioner (owner), the only option available with the petitioner was to challenge the award if he had any grievance against the same. The merits of the contentions which the petitioner has raised cannot be gone into during the execution proceedings. P a g e | 3 CM(M) 588/2025 CM(8834/2025) CM(8835/2025) 4. For the foregoing reasons, I do not find any ground to interfere with the impugned order passed by the learned Tribunal. The petition lacks merit and is dismissed accordingly. (Sanjay Dhar) Judge SRINAGAR 27.12.2025 Aasif