K.C. Sharma v. Seema Kumari

ORDER

10.03.2026

¶1An order dated 21.12.2012 passed by the Jammu and Kashmir State Consumer Disputes Redressal Commission, Jammu ["the Commission"] in Complaint No. 3447 titled "Seema Kumari and

Sr. No. 59

Another vs. Dr. K.C. Sharma and Anothers" is the subject matter of challenge in these two appeals, one filed by Dr. K.C. Sharma and Dr. Uma Sharma ["the respondents"] for setting aside the order and the other filed by Ms. Seema Kumari and Mr. Atish Kumar ["the complainants"] for enhancement of compensation.

¶2After hearing the parties for some time, we were of the view that the matter involved in these appeals is the one that could be sorted out amicably by the parties. We adjourned the matter on couple of occasions so as to enable the learned Senior counsel representing the parties to make the parties to sit together and come out with amicable settlement of the dispute.

¶3On persuasion of this Court and with the intervention of learned Senior counsel appearing on both the sides, the parties have now settled their dispute once for all.

¶4In line of the respondents, namely, Dr. K.C. Sharma and Dr. Uma Sharma, having agreed to pay a lump sum amount of Rs. 20.00 Lacs to the complainants, i.e., Ms. Seema Kumari and Mr. Atish Kumar, the complainants have agreed to withdraw their complaint.

¶5In view of the aforesaid settlement made by the parties and conveyed to us in the open Court, we dispose of both these appeals by providing as under: - i. That the complainants, i.e., Ms. Seema Kumari and Mr. Atish Kumar, shall be entitled to lump sum amount of Rs. 20.00 Lacs to be paid by the

respondents, i.e., Dr. K.C. Sharma and Dr. Uma Sharma. ii. That the State Commission shall immediately and forthwith release the amount deposited with it alongwith interest earned thereon on the presentation of this order and provide information to Dr. K.C. Sharma/Dr. Uma Sharma with regard to amount so released in favour of the above named complainants within a period of one week from such release. iii. The shortfall of the amount, if any, shall be made good by the respondents above named before the Commission within three weeks of receiving the information with regard to release of deposited amount. The shortfall amount, if any, on such deposit shall be released in favour of the complainants Ms. Seema Kumari and Mr. Atish Kumar.

¶6Subject to above, the complaint filed by Ms. Seema Kumari and Mr. Atish Kumar shall stand dismissed and as a consequence, the order of the Commission impugned in these appeals is set aside.

(Sanjay Parihar)

(Sanjeev Kumar) Judge Judge

JAMMU

10.03.2026 Manik

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU MA No. 44/2019 c/w MA No. 62/2019 [FAO (D)] No. 4/2019 Date of pronouncement: 10.03.2026 Date of uploading: 11.03.2026 1. Dr. K.C. Sharma, Aged 77 years S/o Late Sh. Dina Nath, R/o H. No. 1 Ward No. Trikuta Marg, Udhampur. C/o Serv Sidhi Ultra Sound Scanning Centre & Nursing Home, I- Trikuta Marg, Near Forest Office, Udhampur. 2. Dr. Uma Sharma, Aged 75 years W/o Dr. K.C. Sharma, R/o H.No. 1 Ward No. 17 Trikuta Marg, Udhampur. C/o Serv Sidhi Ultra Sound Scanning Centre & Nursing Home, I-Trikuta Marg, Near Forest Office, Udhampur. .....Applicant(s)/Petitioner(s) Through :- Mr. Sunil Sethi, Sr. Advocate with Mr. Ravi Abrol, Advocate v/s 1. Seema Kumari, W/o Sh. Atish Kumar, R/o Bharat Nagar, Udhampur. 2. Atish Kumar, S/o Des Raj R/o Bharat Nagar, Udhampur. .....Respondent(s) Through :- Mr. Gagan Basotra, Sr. Advocate with Ms. Navdeep Kour, Advocate CORAM: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE HON'BLE MR. JUSTICE SANJAY PARIHAR, JUDGE