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2014 Supreme(J&K) 121

Hasnain Massodi
National Insurance Company Limited – Appellant
Versus
Raja Begum (Mst. ) – Respondent


Advocates Appeared:
J.A. Kawoosa, B.A. Tak, Salman.

1. Mst. Raja Begum-respondent no.1 herein, was on 29th March 2007 at 10.30 AM, hit by speedily driven vehicle bearing Registration No.JK04/8157 at Herber Mod, Khag. She suffered injuries in the accident, was treated at Bone & Joint Hospital, Barzalla, Srinagar, and left disabled for rest of her. She laid a claim petition under Section 166, Motor Vehicles Act, before Motor Accident Claims Tribunal, Srinagar (hereinafter referred to as "Tribunal"), claiming Rs. 43,90,000/- as compensation on account of permanent disablement suffered by her in the accident, as also on account of medical expenses, transportation, shock, special diet, attendant, and other pecuniary and lion-pecuniary loss. Her case was that due to accident her pelvic bone was dislocated and her uterus damaged, making it impossible for her to conceive and give birth to a child.

2. The claim petition was resisted by appellant insurance company on the ground that vehicle No.8157/JK04 having insurance cover under Policy No.421003/31/06/6300, was not involved in the accident. It was further pleaded that as driver of the offending vehicle was not holding valid and effective Driving License at the time of accident, the appellan





















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