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1988 Supreme(J&K) 73

A.S.ANAND
National Insurance Co. Ltd. – Appellant
Versus
Surjit Singh – Respondent


Advocates Appeared:
Advocate For Appellant: T.S.Thakur
Advocate For Respondent: M. Baru
Advocate For Respondent: G.D. Bhargava
Advocate For Respondent: Baldev Singh

1. This order will dispose of 20 Civil Misc. 1st Appeals, given in the title of the order.

2 The Back drop of the facts which have given rise to these appeals is that : on 13-5-1987 at about 3. 30 P. M. vehicle No ; 4077 JKO was involved in an accident resulting in the death of 15 and injuries to a number of other passengers. The heirs of the deceased as well as the injured preferred different claim petitions before Motor Accidents Claims Tribunal Jammu. The claimants also filed petitions U/s 9-A of the Motor Vehicle Act (hereinafter called the Act) claiming compensation on the basis of no fault liability. The petitions were resisted & the Insurance Company took the stand that it was not liable as the conditions of the policy stood violated and therefore it could not be fastened with any liability under Section 92-A of the Act. The Tribunal on the basis of the material on the record found that the offending vehicle JKQ-4077 stood insured with the Insurance Company. It also opined that the objection raised by the Insurance Company could be considered while dealing with the petition on merits. The Tribunal granted the applications under Sec. 92-A of the Act and aw




















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