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2025 DAILYLAW 2910 (JK)

NATIONAL INSURANCE CO LTD JAMMU TH NITESH MAHAJAN v. KULWINDER KOUR AND OTHERS

Mac App/36/2024 · 2025-01-03

Wasim Sadiq Nargal

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: Mac App No. 36/2024 National Insurance Co. Ltd. ..... Petitioner(s) Through :- Mr. Rajesh Kumar, Advocate Vs Kulwinder Kour and Ors. .....Respondent(s) Through :- Mr. Amit Khajuria, Advocate for R- 1 to 3 Mr. Hitesh Sharma, Advocate for R- 4 and 5 CORAM: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE ORDER 03.01.2025 01. The applicant has preferred an application before this Court stating therein that the contesting parties in the appeal being the appellant and claimants/respondent nos. 1 to 3 herein have entered into an amicable settlement outside the Court settling the quantum of amount of compensation to the tune of Rs. 99,00,000/- instead of the amount of award passed by the Tribunal for Rs. 1,00,48,560/- along with interest @ 7.5% per annum from the date of petition till the realization and, as such, have prayed for disposal of the instant appeal in light of the aforesaid compromise, which have been entered into between the parties outside the Court. 02. In the instant appeal, the original award is under challenge and in light of the amicable settlement arrived at between the parties, the appeal is also Sr. No. 35 2 | P a g e Mac App No. 36/2024 finally settled on the basis of the aforesaid amicable settlement of the award amount between the parties. 03. The plea which has been urged by the applicant/appellant herein in CM No. 7667/2024 was disposed of vide order dated 01.01.2025 and has been admitted by the counsel for non-respondent nos. 1 to 3 i.e. contesting respondents in the instant appeal. 04. In the aforesaid backdrop, nothing remains to be adjudicated any further in the instant appeal and the same is disposed of in light of the amicable settlement arrived at between the parties, wherein an amount of compensation to the tune of Rs. 99,00,000/- in lump sum has been agreed between the parties instead of the amount of award already passed by the Tribunal which was under challenge in the instant appeal to the tune of Rs. 1,00,48,560/- along with interest @ 7.5% per annum. 05. At this stage, it has been brought to the notice of this Court by the learned counsel for the appellant that the appellant has deposited the award amount along with interest before the Registry of this Court and in light of the amicable settlement arrived at between the parties, he prays that the direction be issued to release the amount settled, in favour of the applicants subject to verification and identification. Prayer allowed. 06. Registry is directed to release the quantum of amount of compensation to the tune of Rs. 99,00,000/- instead of the awarded amount already deposited before this Court along with interest in favour of the lawful claimants after due 3 | P a g e Mac App No. 36/2024 verification and identification and Registry is also directed to release the balance amount in favour of the appellant after proper verification. 07. The appeal is disposed of, accordingly. (WASIM SADIQ NARGAL) JUDGE JAMMU 03.01.2025 Mihul