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2008 Supreme(J&K) 250

MANSOOR AHMAD MIR
Union Of India – Appellant
Versus
Nusrat Khan – Respondent


Advocates Appeared:
Advocate For Appellant: Karnail Singh
Advocate For Respondent: Ex-parte

1. By the medium of this appeal, the appellants have questioned the award/ judgment dated 30th of June, 2006 passed by Motor Accident Claims Tribunal, Budgam, in claim petition No. 80 titled Nusrat Khan & Ors. Vs. UOI and others, whereby and whereunder an amount of Rs.5.50 lacs came to be granted as compensation in favour of the respondent Nusrat Khan (minor) with 6% interest from the date of claim petition.

2. It is necessary to notice the brief facts of the case herein, the womb of which has given birth to the present appeal.

3. It is averred in the claim petition that Nusrat Khan-claimant is the victim of a vehicular accident caused by BSF vehicle at Sanatnagar Bus Stop. She sustained injuries, her right leg was amputated and is disabled forever. It is further averred that accident was out come of rash and negligent driving of the driver of the BSF vehicle. She was a student and the accident spoiled not only her physical frame but also her career. She has to walk on crutches for ever.

4. Appellantsnon-applicants resisted the claim petition on the grounds taken in the written statement and following issues came to be framed:

"1. Whether on 04-09-1996 at Sanatnagar chowk, the petition



































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