Jammu & Kashmir High Court – Srinagar Bench
The New India Assurance Company Limited … vs Rafiqa Bano & Ors on 17 July, 2026
Author: Rahul Bharti
Bench: Rahul Bharti
110
Suppl-I
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CM(4340/2026) in Mac App 44/2026
CM(4341/2026) Caveat 1004/2026.
The New India Assurance Company Limited & Anr.
...Appellant(s)/Petitioner(s)
Through: Ms. Muzamil Jabeen, Advocate vice
Mr. Manzoor Ahmad Dar, Advocate.
VERSUS
Rafiqa Bano & Ors.
...Respondent(s)
Through: Mr. Arshid Andrabi, Advocate.
CORAM:
HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE.
ORDER
17.07.2026
1. The respondents No. 1 to 3 were the claimants in a claim petition
bearing File No. MACP/152/2023 before the Motor Accident
Claims Tribunal (MACT), Srinagar claiming compensation on
account of the death of Ali Mohd Najar- the husband of the
respondent No. 1 and father of the respondents No. 2 and 3, who
suffered a fatal road traffic accident caused by the offending
vehicle bearing registration No. JK01AM-8133, owned by the
respondent No. 4 herein and insured by the appellant herein.
2. The deceased, at the time of the accident, was driving his scooty
when he came to be hit by the offending vehicle on 12.04.2023
on the National Highway near Nowgam Chowk, Srinagar resulting
in head injuries and his ultimate death.
3. The Motor Accident Claims Tribunal (MACT), Srinagar, by virtue
of the award, has come to award compensation of an amount of
Rs. 37,44,000/- along with interest at the rate of 9% with effect
from the date of institution of the claim petition, i.e., 20.05.2023,
till final realization.
4. The burden to pay the compensation amount has been rested
upon the insurer, i.e., the appellant. The appellant is aggrieved of
the quantum of compensation granted and is thus, coming to
assail the award in the present appeal under Section 173 of the
Motor Vehicles Act, 1988.
5. Issue notice to the respondents.
6. Notice on behalf of respondents No. 1 to 3 is waived by Mr. Arshid
Andrabi, learned Advocate.
7. Learned counsel for the appellant is directed to come forward
with the deposit of the entire award amount along with updated
interest within a period of two weeks, whereupon the same to be
kept in fixed deposit by the Registrar Judicial, Srinagar with
liberty reserved in favour of the respondents No. 1 to 3 to make
an application seeking withdrawal of the entire awarded amount,
notwithstanding the pendency of the present appeal preferred by
the appellant.
8. In the event of default on the part of the appellant in depositing
the award amount along with updated interest, as directed,
within the stipulated time, the risk of dismissal of the appeal for
non-compliance shall be at the end of the defaulting official of the
appellant.
9. Send for the scanned record of File No. MACP/152/2023 in case
titled “Rafiqa Bano & Ors. Vs. The New India Assurance
Company Limited” from the Court of Motor Accident Claims
Tribunal, (MACT), Srinagar.
10. List on 11th August, 2026.
(RAHUL BHARTI)
JUDGE
SRINAGAR
17.07.2026
Bisma Jan.
