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2008 Supreme(J&K) 406

SUNIL HALI
Oriental Insurance Co. Ltd. – Appellant
Versus
Mohd. Amin – Respondent


Advocates Appeared:
Advocate For Appellant: Baldev Singh
Advocate For Respondent: O.P. Thakur
Advocate For Respondent: Parminder Singh

Per Sunil Hali, J.

1. Vide order dated 31-3-2001, Motor Accident Claims Tribunal, Ramban passed an award against the Insurance Company. It is stated that a Maruti Car bearing No. JK01-C 5553 driven by Aftab Ahmed Nizami, who was owner of the said car, died as a result of accident which occurred at Chamwalwas on National Highway on 25-11-1997. Two passengers also died in the aforesaid accident, who were traveling in the said car. As a result of the accident, three separate claim petitions came to be filed before the MACT, Ramban by the LRs of the deceased persons. The Claims Tribunal framed the following issues :

Claim Petition No. 6/99

1. Whether Aftab Ahmed Nazami son of applicant died, as a result of accident of Maruti Car No. 5553 JK01C, owned by the deceased and insured with respondent-2 on 25th of November, 1997 while holding valid driving licence and driving the said vehicle? ... OPP.

2. To what compensation the applicants are entitled to.

Claim Petition No. 21/98

1. Whether Mohd. Iqbal Sohil S/O Ghulam Hussain Sohil R/O Gangroo- Ramsoo Tehsil Banihal, Contractor, aged 45 years, earning Rs. 10,000/- a month died on 25-11-97, near Chamwalwas Tehsil Banihal, as a results of rash and































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