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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

Date of Pronouncement 27.12.2025

Uploaded on 27.12.2025

CM(M) 588/2025 CM(8834/2025)

CM(8835/2025)

GHULAM HASSAN MIR ….. Petitioner (s)

Through: Mr. Khalid Jahangeer Khawaja,

Advocate.

V/s

UNITED INDIA INSURANCE COMPANY LIMITED AND ORS.

….. Respondent(s)

Through:

Coram:

Hon’ble Mr. Justice Sanjay Dhar, Judge

ORDER

27.12.2025

CM No. 8834/2025:

For the reasons stated in the application the same is allowed and

the requirement of filing certified copy of impugned order is

dispensed with. The petitioner shall file the same within one week.

CM disposed of.

CM(M) No. 588/2025:

1. The petitioner, through the medium of present petition, has

challenged order dated 11.08.2025, passed by the learned Motor

Accidents Claims Tribunal, whereby during the execution

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CM(M) 588/2025 CM(8834/2025)

CM(8835/2025)

proceedings, recovery certificate for realization of the amount of

compensation paid by respondent No. 1 to the claimants, has

been issued in favour of respondent No. 1 and the same has been

sent to Collector, Kupwara for realization of the amount as

arrears of land revenue.

2. Learned counsel for the petitioner, has submitted that the

petitioner had filed objections to the execution petition before the

Tribunal, but the same have not been considered. It has been

contended that the vehicle in question had already been sold by

the petitioner prior to the accident which forms the subject

matter of the claim petition.

3. The contentions that have been raised by the petitioner in this

petition and in the objections which he has filed before the

learned Tribunal, cannot be gone into during the execution

proceedings. Once the award has been passed giving the

Insurance Company right to recover the amount of

compensation payable to the claimants from the petitioner

(owner), the only option available with the petitioner was to

challenge the award if he had any grievance against the same.

The merits of the contentions which the petitioner has raised

cannot be gone into during the execution proceedings.

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CM(M) 588/2025 CM(8834/2025)

CM(8835/2025)

4. For the foregoing reasons, I do not find any ground to interfere

with the impugned order passed by the learned Tribunal. The

petition lacks merit and is dismissed accordingly.

(Sanjay Dhar)

Judge

SRINAGAR

27.12.2025

Aasif