ORIENTAL INSURANCE CO.LTD. v. UOI.TH.COMMANDING OFFICER AND ORS.
MA/98/2011 · 2025-03-13
Sanjay Dhar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13567 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13567 (JK) · dailylaw.ai ]
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