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2011 Supreme(J&K) 310

HASNAIN MASSODI
National Insurance Co. Ltd. – Appellant
Versus
Fatima & Ors. – Respondent


Advocates Appeared:
J.A.Kawoosa, AAG, for Petitioner, M.Amin Tibetbakal, for Respondents.

The dependents of Shri Mohammad Ilyas Beigh, who on 14th June, 2005 lost his life in a vehicular accident, filed a claim petition before Motor Accident Claims Tribunal, Srinagar, claiming an amount of Rs. Twenty lakhs, as compensa­tion on account of loss of income, future pros­pects loss of consortium, loss of love and affection and other available grounds, from the Insurance Company with which the of­fending vehicle was insured. The claim petion was registered as claim petition No. 200/2005.

2. Ms. Aftaba Nazneen travelling with her husband Mohd. Ilyas Beigh as pillion rider on his scooter at the time of accident, got seriously injured in the accident and filed a claim petition for award of Rs. Ten lakhs, on account of permanent disability due to the vehicular accident, hospitalization, Medical treatment etc. The claim petition was regis­tered as claim petition No. 201/2005.

3. The Insurance Company-appellant herein, resisted both the claim petitions inter alia on the grounds that the driver of the of­fending vehicle was not holding a valid and effective driving license at the time of acci­dent and that as the vehicle was not having valid route permit and Fitness Certificate at the































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