Jammu & Kashmir High Court
Sham Lal vs Sunita Devi on 6 April, 2026
Author: Moksha Khajuria Kazmi
Bench: Moksha Khajuria Kazmi
Sr. No. 41
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CM No. 6855/2021
Mac App No. 94/2021
Sham Lal .....Applicant(s)/Petitioner(s)
Through :- Mr. Sandeep Singh, Advocate
v/s
Sunita Devi .....Respondent(s)
Through :- Mr. Sunny Mahajan, Advocate for R-5
CORAM: HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER
06.04.2026
1. This appeal under Section 173 of the Motor Vehicles Act is against
award dated 05.06.2017 passed by the Motor Accident Claims
Tribunal, Jammu in File Claim No. 447/2014 titled “Sunita Devi and
Others vs. Bajaj Allianz and Others“, whereby respondent no. 5 was
directed to pay an amount of Rs. 11,48,240/- along with interest
@7.5% with liberty to recover the said amount from the appellant.
2. Learned counsel representing respondent no. 5 states that statement
of the appellant has already been recorded before the MACT, Jammu
wherein he has stated that the driving license of the driver/appellant
was not valid at the time of the accident, i.e., 09.02.2014, moreover
he has already been appearing before the Executing Court, as such,
instant appeal is not maintainable.
3. In view of the above, application seeking condonation of delay, i.e.,
CM No. 6855/2021 is dismissed. AS a consequence thereof, Mac
App No. 94/2021 shall stand dismissed.
2
4. Learned counsel for the appellant states that he has deposited an
amount of Rs. 25,000/- before the Registry of this Court at the time
of filing of this appeal vide receipt dated 15.12.2021. Let the same be
remitted to MACT, Jammu along with interest so that the same can
be released in favour of the Insurance Company.
(Moksha Khajuria Kazmi)
Judge
JAMMU
06.04.2026
Manik