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2014 Supreme(J&K) 494

HASNAIN MASSODI
New India Assurance Co. Ltd. – Appellant
Versus
Manzoor Ahmad – Respondent


Advocates:
For the Appellant :R.K. Gupta, Sr. Advocate and Prem Sadotra, Advocate
For the Respondents:Bari Abdullah, Advocate

JUDGMENT

Hasnain Massodi, J.-

1. Passenger vehicle bearing registration no. JK02G-2108, on 07.12.2003 while proceeding from Ramsoo to Village Shalgadi met a tragic accident at Ramban. Shri Javeed Ahmad Naik driver of the vehicle was allegedly driving the vehicle rashly and negligently at the time of accident. He lost his life in the accident and a number of passengers travelling in the vehicle either died or suffered multiple injuries. The accident led to registration of case FIR No. 229 of 2003 under Sections 279, 337,338, 304A Ranbir Penal Code at Police Station, Banihal. In the report regarding occurrence transmitted by Incharge Police Post/Division, Ramsoo through Manjit Singh 224/SPO to SHO Police Station, Banihal, the number and particulars of the passengers who had lost their lives in the accident or were injured was not given. However, SHO Police Station, Banihal came to know that 28 passengers had lost their lives and 23 passengers were injured in the accident. The accident led to filing of 16 claim petitions before Motor Accident Claims Tribunal, Jammu and 12 petitions in Motor Accident Claims Tribunal, Ramban by the dependents of the deceased and the injured passengers. Th



























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