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1998 Supreme(J&K) 219

G.L.RAINA
New India Assurance Co. Ltd. – Appellant
Versus
Mushtaq Ahmad Dalal – Respondent


Advocates Appeared:
Advocate For Appellant: J.A. Kawoosa
Advocate For Respondent: H.I. Hussain

1. Motor Accident Claims Tribunal, Anantnag, awarded under the Motor Vehicles Act, the compensation on 30.10.1996 in favour the claimants/non-applicant Nos: 1 to 3. The award emanated from that motor accident in which vehicle bearing registration number JKT 4753 got involved on 16.10.1998 near Kela Mode Ramban on the National High Way Deceased Gh. Nabi Dalai was allegedly knocked down by the vehicle as a result of which he sustained fatal injuries.

2. The claimants, the sons and the widow of the deceased, succeeded in obtaining the award in the amount of Rs,3,60,OOO/- The Tribunal saddled the Insurance Co., with which the offending motor vehicle was insured on the relevant date, with the entire liability to pay the amount awarded alongwith the interest. It appears that the Insurance Company filed on 11.12.1996 the review petition in the Tribunal to convass that the liability under the law applicable was limited so the insurer could not be burdened to pay the whole awarded amount. This review petition came to be dismissed by the Tribunal vide its order dated: 27.05.1997.

3. Aggrieved of the orders of the Tribunal, the Insurance Co, came to prefer this appeal on 24.07.1997 alongwith














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