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2011 Supreme(J&K) 500

HASNAIN MASSODI
New India Assurance Co. Ltd. – Appellant
Versus
Haji Mukhtiar Ahmed & Ors. – Respondent


Advocates Appeared:
Mr. R.K. Gupta, ST. Adv with Mr. Prem Sadotra, Advocates, for the Appellants.
Mr. Sheikh Altaf Hussain, Advocate for the Respondent.

1. The Civil First Miscellaneous Appeal on hand is directed against the award made by Motor Accident Claims Tribunal, Reasi on 30th April, 2010, in claim petition titled "New India Assurance Co. Ltd. v. Haji Mukhtiyar Ahmed and ors." (27/Claim).

2. It appears that one Gulzara Begum, while traveling in a Truck bearing Registration No. JKO2M-3664 was seriously injured, when the Truck met with an accident at Sula Bridge, Reasi. The accident is attributed to rash and negligent driving of its driver -owner Shri Piara Singh — respondent No. 6 herein

3. The award made by the Tribunal is primarily questioned on the ground that the deceased Gulzara Begum was a gratuitous passenger in a goods vehicle and that the appellant Insurance Company was not liable to pay any compensation to the dependents of Mst. Gulzara Begum, who breathed her last in a local hospital due to injuries sustained in the accident and to indemnify the owner of the offending vehicle.

4. It is next urged that the compensation has been assessed unmindful of the settled legal position and is more than what ought to have been awarded by the Tribunal. The Tribunal is said to have committed error while assessing loss of dependency










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