HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Mac App No. 59/2025 Date of pronouncement : 11.11.2025 Date of uploading : The Oriental Insurance Company Ltd. TP Hub. Subash Nagar, Jammu Through its Manager/Incharge Sh. Sunil Kumar, Age 48 years . ....Applicant(s)/Petitioner(s) Through :- Mr. Amrit Sarin, Advocate v/s 1. Zara Sultana, Age 08 years D/o Mohd. Aslam R/o Dodaj Tehsil Darhal, District Rajouri (Minor through her mother, namely, Sultana Sayed W/o Mohd. Aslam as natural guardian and next friend) 2. Mohd. Afjal S/o Mohd. Yaqoob R/o Panihad, Tehsil Koteranka, District Rajouri. (Driverof Vehicle No. JK 11-7862 3. Mohd. Naseem S/o Gulzar Hussain R/o Gakhrote, Tehsil Koteranka, District Rajouri. (Owner of Vehicle No. JK11-7862) .....Respondent(s) Through :- Mr. Arshad Pervaiz Malik, Advocate CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER(ORAL) 1. By this appeal, filed under Section 173 of the Motor Vehicle Act, the appellant herein has challenged award dated 13.02.2025, passed by the learned Motor Accident Claims Tribunal, Rajouri, in claim petition, titled, “Zara Sultana vs. Mohd. Afzal and Others”, wherein the respondents herein were held entitled to receive the Sr. No. 72 compensation to the tune of Rs. 48,59,000/- along with future interest @7.5% per annum till realization. 2. The matter was referred for mediation on 30.07.2025 and in this regard Ms. Seema Anand, Mediator has submitted her report along with the settlement agreement which is made between the parties. For ready reference, the terms of the settlement are reproduced as under: a) It has been decided by both the parties to settle the matter at an amount of Rs. 45 lakh in lump sum. b) It has been agreed that remaining amount, out of the total amount of Rs. 45 lakhs, will also be deposited with the Registry in the Court within 15 days. The company has already deposited 75% of the total amount with the Registry in the Court inclusive of interest. c) It has also been agreed that Zara Sultan shall be entitled to withdraw/release 60% amount out of the total amount of Rs. 45 lakhs and remaining 40% of the amount will be deposited in her name by way of fixed deposit. d) It has also been agreed that if any other case regarding this matter is pending in any Court by any of the parties it will be withdrawn. e) That the parties are executing the present settlement agreement out of their free will voluntarily after having understood the terms and conditions of the present agreement with full consent and without any fraud, force, coercion or influence. 3. The instant appeal is disposed of as settled in terms of mediation report dated 30.07.2025. (Moksha Khajuria Kazmi) Judge JAMMU 11.11.2025 Manik