Sr. No. 52 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: Mac App No. 30/2023 United India Insurance Company Limited …. Petitioner(s)/Appellant(s) Through:- Mr. Vishnu Gupta, Advocate V/s Neena Devi and others. …..Respondent(s) Through:- Mr. A.S Azad, Advocate for R-1 to 5 CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 14.05.2025 1. By this appeal filed under Section 173 of Motor Vehicle Act, 1988, the appellant- Insurance Company has challenged the award dated 04.11.2022 passed by the Motor Accident Claims Tribunal, Jammu (hereinafter referred to as the “Tribunal”) in File No. 264/Claim titled as “Neena Devi and ors vs. United India Insurance Company and ors.”, whereby an amount of ₹ 19,70,000/- along with interest @7.5% p.a. from the date of institution of this claim till realization of the amount has been awarded in favour of respondent Nos. 1 to 5 (claimants) on account of death of Ashok Kumar, husband of respondent No.1 and father of respondent Nos. 2 to 5, in a motor vehicular accident on 7th May, 2017 due to rash and negligent driving of offending vehicle i.e. Bus bearing Registration No.JK02AP-9977. The award of the Tribunal is assailed on numerous grounds. 2. Today, when the case was taken up, learned counsel appearing for both the parties, state that both the parties are at ad idem to a lump sum compensation of Rs.17.00 lac along with interest @ 6% per annum from the date of institution of the claim till its realization. It is also stated that respondent Nos. 1 to 5 have already received ₹8 lacs in terms of the order passed by this Court. 3. In view of the agreement arrived at between the parties, this appeal is disposed of by reducing the award of the Tribunal from Rs.19,70,000/- to Rs.17,00,000/- along with interest from the date of institution of the claim petition. The award of the Tribunal is modified to the aforesaid extent and rest of the terms of the award shall remain intact. 4. The Registry to release the amount of compensation in favour of the claimants/respondent Nos. 1 to 5 in terms of the modified award and the excess amount, if any, shall be refunded to the Insurance Company. (MOKSHA KHAJURIA KAZMI) JUDGE Jammu 14.05.2025 Vinod. Vinod Kumar 2025.05.15 14:42 I attest to the accuracy and integrity of this document