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2009 Supreme(J&K) 214

SUNIL HALI
Oriental Insurance Co. Ltd. – Appellant
Versus
Surinder Kumar – Respondent


Advocates Appeared:
Advocate For Appellant: Vishnu Gupta
Advocate For Respondent: K.S. Parihar

1. Feeling aggrieved by the award passed by the Presiding Officer, Motor Accidents Claims Tribunal, Kathua dated 24.01.2007 to the tune of Rs. 2,60,000/- in favour of respondent no.1, the present appeal has been filed by the appellant.

2. Respondent No. 1 while traveling in a Maruti Van bearing registration No. JKS-6870 met with an accident near Mazaar Baba Raday Shah Kora Kapoora Road falling under the jurisdiction of Police Station, Fareedkote (Punjab). The said Maruti Van is stated to have dashed against a Jeep bearing registration No. HRL-5054 coming from the opposite direction. On account of said accident, respondent no. 1 suffered serious injuries, as a result of which he was hospitalized. He suffered fractures on his right leg at two places rendering him permanently disabled. A claim petition came to be filed by him before the Motor Accidents Claims Tribunal, Kathua.

3. FIR No. 26 dated 22.2.1999 was registered in Police Station, Fareedkote. The said FIR has been filed by one Chander Shekher.

4. The Tribunal after hearing the parties passed the aforementioned award. It is this order of the Tribunal, which is subject matter of challenge before this court.

5. I have heard learned












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