S. No. 02 Regular Cause List IN THE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR CM(M) 440/2025 CM(6678/2025) MOHAMMAD ASLAM BEIGH …Appellant(s)/Petitioner(s) Through: Mr. M. Amin Tibetbakal, Advocate Vs. NATIONAL INSURANCE COMPANY LIMITED AND ANR. ...Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL-JUDGE ORDER 04.11.2025 This petition filed under Article 227 of the Constitution of India challenges the order passed by the Motor Accident Claims Tribunal (for short “Tribunal”), initiating recovery proceedings. It is being argued by learned counsel for the petitioner that when the Tribunal passed the order it was Insurance Company which was to indemnify the owner and no recovery rights were given to the Insurance Company. However, in appeal filed by the Insurance Company, this Court has granted recovery rights. Since appellant was not party before the High Court, therefore, recovery proceedings initiated by the Tribunal are bad and are required to be set-aside. In fact, it appears that the petitioner through the medium of this petition is seeking quashing of the order passed by this Court in an appeal filed by the Insurance Company which had granted recovery rights to the Insurance Company and it is on the basis of the direction of this Court that the proceedings for recovery have been initiated. Thus, no wrong can be found in the order of the Tribunal. Therefore, this petition is without any merit and is, accordingly, dismissed along with the connected CM. (VINOD CHATTERJI KOUL) JUDGE SRINAGAR 04.11.2025 “Imtiyaz” Imtiyaz Ul Gani I attest to the accuracy and authenticity of this document 07.11.2025 10:04