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2014 Supreme(J&K) 416

JANAK RAJ KOTWAL
National Insurance Co. Ltd. – Appellant
Versus
Harpreet Singh – Respondent


Advocates:
For the Appellant :C.S. Gupta, Advocate
For the Respondents:Surinder Singh, Advocate

JUDGMENT :

Janak Raj Kotwal, J.

1. This is an appeal in a Motor Accident Claim case. Heard. I have perused the record.

2. On 29.09.2007, S. Amarjeet Singh (hereinafter the deceased) was travelling from Kishtwar to Jammu by a car bearing registration No. JK02 D-9212. Respondent No. 3, Inderjit Singh Bali, who was owner of the car, was on the wheel. The car met with an accident near a place called Thathri and plunged into a trench. Deceased suffered grievous injuries. He died.

3. Respondent Nos. 1 & 2, (hereinafter the claimants) who are the sons of the deceased, filed a claim for compensation under section 166 of the Motor Vehicles Act, 1988 (hereinafter the Act) before the Motor Accident Claims Tribunal, Jammu (hereinafter the Tribunal) against the owner and insurer (herein appellant) of the offending car.

4. Learned Tribunal vide its judgment and award dated 30.04.2010 found that the accident had occurred due to rash and negligent driving by respondent No. 3 and awarded compensation of Rs. 17,53,800/to claimants. The Tribunal foisted liability of paying the compensation on the appellant.

5. In assessing the compensation, learned Tribunal on appreciation of evidence found that the decea









































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