Jammu & Kashmir and Ladakh High Court

Mukhtar Ahmad Dar v. Bajaj Allianz Gen Insurance Co Ltd & Ors.

RP/92/2023

Decision date
2026-07-10
Text availability
Full text
Judges
Rajnesh Oswal

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Judgment text

48 HIGH COURT OF JAMMU, KASHMIR AND LADAKH AT JAMMU RP No. 92/2023 in MA No. 301/2011 Mukhtar Ahmad Dar …..Appellant(s)/Petitioner(s) Through: Mr. Rizwan Ul Zaman, Adv. q (th. virtual mode) vs Bajaj Allianz Gen. Ins. Co. Ltd. and others .…. Respondent(s) Through: Mr. Vishnu Gupta, Adv. Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 10.07.2026 1. Though the objections to the review petition have been filed by the respondent-Insurance Company, but Mr. Vishnu Gupta, learned counsel for the respondent-Company submits that he has no objection, in case, the instant petition is allowed as he is under instructions to submit before the Court that the respondent-Insurance Company will not effect recovery of the awarded compensation from the owner/driver, petitioner herein. 2. In view of fair statement made by the learned counsel for the respondent-Insurance Company, which is taken on record, and there being no objection to the relief sought, the present review petition is allowed by modifying judgment dated 16.03.2017 to the extent of deletion of right granted to the respondent-Insurance Company for recovery of compensation awarded in favour of the claimants from the owner/driver, petitioner herein. It is accordingly ordered that the respondent-Insurance Company shall not recover the awarded compensation from the owner/driver, petitioner herein. (RAJNESH OSWAL) JUDGE Jammu Rakesh Kumar10.07.2026 2026.07.13 09:41

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