Jammu and Kashmir High Court
LPA/61/2024 of NATIONAL INSURANCE COMPANY LTD TH NIDHI KAKAR JAMMU Vs FATIMA BEGUM AND OTHERS on 4 August 2025
OF JAMMU & KASHMIR AND LADAKH AT JAMMU LPA No. 61/2024 in [OWP No. 755/2011] CM No. 1820/2024 National Insurance Company Ltd. Th. Nidhi Kakar Jammu …..Appellant(s)/Petitioner(s) Through: Mr. Suneel Malhotra, Advocate vs Fatima Begum and ors. .…. Respondent(s) Through: Mr. RKS
HIGH COURT OF JAMMU & KASHMIR AND LADAKHAT JAMMU
LPA No. 61/2024 in [OWP No. 755/2011] CM No. 1820/2024
National Insurance Company Ltd. …..Appellant(s)/Petitioner(s) Th. Nidhi Kakar Jammu Through: Mr. Suneel Malhotra, Advocate
vs
Fatima Begum and ors.
.…. Respondent(s)
Through: Mr. RKS Thakur, Advocate for R-1 to 4 Mr. Anuj Malhotra, Advocate for R-5 & 6
Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE
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ORDER
04.08.2025
1. Vide order dated 12.07.2023, learned Single Judge while disposing the writ petition bearing OWP No. 755/2011 for the purpose of assailing the award passed in Lok Adalat, issued slew of directions as mentioned in Para ‘4’ of the order impugned.
2. Mr. Suneel Malhotra, learned counsel for the appellant, Mr. RKS Thakur, learned counsel for respondent Nos. 1 to 4 and Mr. Anuj Malhotra, learned counsel for respondent Nos. 5 and 6 are unanimous in their submissions that the learned Single Judge has invoked the power under Article 227 of the Constitution of India while disposing of the petition preferred by the respondent Nos. 1 to 4 against the award passed in Lok Adalat.
This intra court appeal against the order dated 12.07.2023 would not be maintainable in view of settled position of law that the award of the Lok Adalat can only be impugned through the medium of petition under Article 227 of the Constitution of India.
At this stage, respondent No. 4 along with Mr. RKS Thakur, Advocate has submitted before us that the claimants are willing to accept the compensation of Rs. 70,000/- deposited by the Insurance Company before the MACT, Srinagar. The import of slew of directions issued by the learned Single Judge is that the amount deposited by the Insurance Company before MACT, Srinagar is to be transmitted to ALC, Doda. In view of the above, we do not intend to entertain this appeal. The claimants are well within their right to appear before ALC, Doda (Now Ramban) for release of amount of Rs. 70,000/- along with interest towards full and final satisfaction of their claim.
5. Disposed of.
(RAJESH SEKHRI) (RAJNESH OSWAL) JUDGE JUDGE
(RAJNESH OSWAL)
Jammu 04.08.2025 Neha-IIWhether the order is speaking: Yes/No Whether the order is reportable: Yes/No