Sham Lal vs Sunita Devi on 6 April, 2026

    0
    35
    ADVERTISEMENT

    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

    SPONSORED

    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



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here