S.No. HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR LPA N0. 135/2025 (O&M) in WP(C) No. 1704/2022 Reserved on: 11.07.2025 Pronounced on: 21 .07.2025 Abdul Aziz Ahangar …Petitioner/ Appellant(s) Through: Mr. Syed Mohtasim, Advocate V/s UT of J&K & Ors. …Respondent(s) Through: Mr. Wasim Gul, GA CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE JUDGMENT 1. Issue notice to the respondents. 2. Mr. Wasim Gul, learned GA, enters appearance and accepts notice on behalf of respondents. 3. With the consent of learned counsel appearing for the parties, the present appeal has been taken up for final disposal. 4. The vehicle of the appellant was hired by the respondents during the assembly elections in the year 2008. The said vehicle got damaged, but the appellant was not compensated, as such, he filed the writ petition bearing OWP No. 407/2011 for directing the respondents to pay the compensation of Rs. 2.50 lacs along with interest from the day his vehicle sustained damage. The said writ petition was disposed of by the learned Nuzhat Shafi I attest to the accuracy and authenticity of this document 22.07.2025 16:48 writ court directing respondent No. 2 therein i.e. Inspector General of Police, Kashmir Zone, Srinagar, to determine the amount of compensation payable as per the relevant rules and pay the same to the appellant forthwith. 5. Aggrieved of the order dated 09.08.2017, respondents preferred the intra court appeal bearing no. LPAOW No. 9/2019, against the order dated 09.08.2017 which was dismissed vide order 03.07.2019. As the judgment of the learned writ court was not complied with by the respondents, the appellant preferred a contempt petition. Thereafter, an amount of Rs. 1,47,018/- was paid by the respondents but the claim of the appellant for Rs. 45,127/- did not find favour with the respondents prompting the appellant to file a fresh writ petition, bearing WP(C) No. 1704/2022, for commanding the respondents to pay the balance sum of Rs. 45,127/- to the appellant and for payment of interest @ 18% per annum on the amount of Rs. 1,92,145/- w.e.f. 28.11.2008. 6. The claim of the appellant was objected to by the respondents on the ground that the voucher/bill dated 14.12.2008 amounting to Rs. 45,127/- of Motor Hop Sangrama, Sopore could not be verified as the shop did not exist there. 7. The learned writ court after hearing the arguments, by virtue of order dated 13.05.2025 dismissed the writ petition preferred by the appellant. Nuzhat Shafi I attest to the accuracy and authenticity of this document 22.07.2025 16:48 8. Aggrieved of the order dated 13.05.2025, the appellant has filed this intra court appeal against the order (supra) on the ground that the writ court has wrongly denied the payment of Rs. 45,127/- to the appellant and, also the interest for the delay in making the payment due to the appellant. 9. The Learned counsel for the appellant has restricted the claim of the appellant only to the extent of non-payment of interest for the delay caused in making the amount due to him. 10. Per contra, Mr. Wasim Gul, learned GA, has argued that the appellant is not entitled to any interest and further that the learned writ court has rightly considered the controversy. Heard learned counsel for the parties and perused the record. 11. The record depicts that damage to the vehicle of the appellant was caused on 28.11.2008 as admitted by the respondents. The respondents have made the payment of Rs. 1, 47, 018/- to the appellant through the medium of a bank cheque dated 10.12.2021. 12. Admittedly, there is delay on the part of respondents in making the payment due to the appellant and as such the respondents are under obligation to pay the interest to the appellant for the delay caused by them in processing the claim and making the payment to the appellant. 13. The learned writ court has rejected the claim of the appellant qua the interest for the delay caused in making payment on the ground that no such direction was issued earlier by the writ Nuzhat Shafi I attest to the accuracy and authenticity of this document 22.07.2025 16:48 court while disposing of the writ petition bearing OWP No. 407/2011. However, we find that there was no formal adjudication of quantum of compensation payable by the respondents. The first writ petition bearing OWP No. 407/2011 was filed by the appellant in the year 2011, decided in the year 2017 and amount of Rs. 1, 47, 018/- was paid to him only on 10.12.2021. 14. . In view of what has been considered and discussed above, this Court is of the considered view that the order dated 13.05.2025 is required to be modified, and as such, while upholding the rejection of the claim of Rs. 45,127/- made by the appellant, the respondents are directed to pay the interest @ 6% per annum on the amount of Rs. 1, 47, 018/-from the date of filing of earlier writ petition bearing OWP No. 407/2011 till 10.12.2021 (when the amount of Rs. 1, 47, 018/- was paid to appellant). The order dated 13.05.2025 passed by the learned writ court in writ petition bearing WP(C) No. 1704/2022 is modified accordingly. 15. Disposed of. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE SRINAGAR 21.07.2025 “S. Nuzhat” Whether the order is speaking? Yes/No Whether the order is reportable? Yes/No Nuzhat Shafi I attest to the accuracy and authenticity of this document 22.07.2025 16:48