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2025 DAILYLAW 13013 (JK)

UNITED INDIA INSURANCE CO. LTD. TH RAKESH WANTOO v. ROHIT ROKAYA AND OTHERS

Mac App/180/2024 · 2025-09-13

Lok Adalat

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM No. 7431/2025 in Mac App. No. 180/2024 Rohit Rokaya & Ors. …..Applicants/Appellants Through: Mr. Madan Lal, Advocate Vs United India Insurance Co. Ltd. .….Non-applicant/Respondent Through: CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER (24.11.2025) 01. The Insurer-United India Insurance Company Limited came forward with a Mac Appeal No. 180/2024 assailing the award passed on a claim petition No. 81/C of 2019 whereby the death related compensation was granted in favour of the three claimants who are respondents No. 1 to 3 herein. 02. A motor vehicle accident had taken place on 08.09.2018 on National Highway-1, Nagrota Bye Pass, Jammu, in which the respondent No. 1 herein, namely, Rohit Rokaya along with his wife were standing on their own side of the roadside were hit by a Polo Car bearing registration No. DL3CBW-0609 coming from Udhampur side towards Sidhra, which had resulted in death of respondent’s wife Serial No. 171 Supplementary List-1 2 Mac App. No. 180/2024 whereas causing grievous injuries to the respondent No. 1- Rohit Rokaya. 03. Claim petition No. 81/C came to be preferred by respondents No. 1 to 3 on account of death of Janu-wife of respondent No. 1-Rohit Rokaya and mother of respondent No. 2-Asham Rokaya and respondent No. 3-Ayasha Rokaya, who at that relevant point of time were five and six months old respectively. 04. Claim petition No. 86/C was preferred by respondent No. 1-herein, namely, Rohit Rokaya on account of personal injury suffered by him. The Motor Accident Claims Tribunal-(MACT), Jammu by virtue of its common award dated 27.06.2024 came to grant compensation of an amount of Rs. 3,27,750/- along with interest in favour of respondent No. 1 whereas in claim petition No. 81/C a compensation of an amount of Rs. 21,96,000/- along with interest came to be granted in favour of the respondents No. 1 to 3/Claimants No. 1 to 3 in claim petition No. 81/C. 05. During the pendency of the Mac Appeal No. 180/2024, the matter came to be amicably settled in a National Lok Adalat organized by the High Court Legal Services Committee under section 19 of the Legal Services Authorities Act, 1987, whereby on lump sum payment of 3 Mac App. No. 180/2024 Rs. 24,00,000/-, the disposal of the two claim petitions was meant to be governed. 06. At the time of filing of said Mac Appeal, this Court in terms of an order dated 28.10.2024 had directed deposit of the entire awarded amount along with updated interest with the Registrar Judicial of this Court. 07. Accordingly, an amount of Rs. 30,24,130/- came to be deposited with the Registrar Judicial of this Court vide register No. 1734 dated 24.10.2024 and register No. 1785 dated 13.12.2024. The disbursement of the compensation as settled by the Lok Adalat for an amount of Rs. 24,00,000/- came to take place in the manner as per the apportionment settled by the Motor Accident Claims Tribunal-(MACT), Jammu which resulted in the share of the two minor children getting fixed deposits for an amount of Rs. 8,40,000/- each whereas the share of compensation payable in favour of respondent No. 1-Rohit Rokaya for an amount of Rs. 3,60,000/- came to be put in fixed deposit to the extent of 50% and other 50% stood released in his favour. The 50% fixed deposit relatable to the respondent No. 1-Rohit Rokaya is an amount of Rs. 3,60,000/- in fixed deposit No. 027750 dated 17.09.2025 in the name of respondent No. 1-Rohit Rokaya. 4 Mac App. No. 180/2024 08. The respondent No. 1-Rohit Rokaya has now come forward with an application CM No. 7431/2025 for seeking release of his fixed deposit amount of Rs. 3,60,000/-. 09. The fixed deposit came to take place as per the mandate of the Motor Accident Claims Tribunal-(MACT), Jammu whereas the Lok Adalat award did not reserve any such mode of apportionment relatable to the respondent No. 1- Rohit Rokaya, as such, he was entitled all alone to receive his share of compensation in full without reserving 50 % in fixed deposit. 10. The application CM No. 7431/2025 is thus, allowed. The fixed deposit amount of Rs. 3,60,000/- along with accrued interest thereupon is directed to be released in favour of the applicant/respondent No.1-Rohit Rokaya through bank account transfer mode for which the applicant/respondent No. 1-Rohit Rokaya to provide bank account number to the learned Registrar Judicial, Jammu whereupon the money to be transferred to said bank account number of applicant/respondent No. 1. 11. The application CM No. 7431/2025 is accordingly, disposed of. (RAHUL BHARTI) JUDGE JAMMU 24.11.2025 SUNIL