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2025 DAILYLAW 13567 (JK)

ORIENTAL INSURANCE CO.LTD. v. UOI.TH.COMMANDING OFFICER AND ORS.

MA/98/2011 · 2025-03-13

Sanjay Dhar

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case:- CM No.2699/2025 In MA No.98/2011 Oriental Insurance Co. Ltd. …..Appelicant/Appellant Through: Mr. Amrit Sarin, Advocate Vs Union of India and Ors. .….Respondent(s) Through: None Coram: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER (08.07.2025) 1. In terms of an order dated 05.04.2011 while admitting miscellaneous appeal No. 98/2011 preferred by the appellant/applicant- Oriental Insurance Co. Ltd., this Court had come to direct deposit of the award amount with the Registrar Judicial, Jammu to be kept in a fixed deposit which came to be accordingly deposited by the appellant/applicant as is confirmed from office noting. The applicant/appellant came to deposit an amount of Rs. 1,81,981/- by virtue of a cheque No. 242543 dated 04.05.2011. 2. In addition, at the time of filing of the appeal, a statutory deposit of Rs. 25,000/- has also taken place. 3. Miscellaneous appeal No. 98/2011 after remaining on docket of this Court for almost a period of 14 years came to result in self-success as the claimant i.e. Union of India came forward with withdrawal of its claim with respect to file No. Serial No. 2 2 CM No. 2699/2025 225/claim of 2000 preferred before the Motor Accident Claims Tribunal (MACT), Jammu, in which impugned award dated 06.12.2010 had been passed granting compensation in favour of the claimant-Union of India, for an amount of Rs. 1,80,973.60/- 4. Accordingly, in terms of an order dated 13.03.2025, this Court came to an order for dismissal of the claim petition of claimant/ respondent No.1-Union of India and that meant setting aside of the impugned award as well, which came to be set aside accordingly, thereby, entitling the appellant/applicant -Oriental Insurance Co. Ltd. to claim back the award money/statutory deposit made by it with this Court. 5. Appellant/applicant has come forward with the application CM No. 2699/2025 for the said purpose. 6. Application is allowed. 7. The award amount as lying in the fixed deposit along Rs. 1,81,981/- with statutory deposit Rs. 25,000/- along with accrued interest is hereby ordered to be released in favour of appellant/applicant-Oriental Insurance Co. Ltd. (RAHUL BHARTI) JUDGE JAMMU 08.07.2025 Sneha