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2016 Supreme(J&K) 524

R.SUDHAKAR
United India Insurance Co. Ltd. – Appellant
Versus
Sawran Begum – Respondent


Advocates:
Advocate Appeared:
For the Appellant :D.S. Chauhan, Advocate.
For the Respondents:Ajaz Choudhary, Advocate.

JUDGMENT :

R. SUDHAKAR, J.

1. It is an appeal by the Insurance Company. It is a case of fatal accident. The accident in this case happened on 20.09.2011 at 4.30 pm at Arkhil near Nagrota Jammu. Ghulam Rasool aged 48 years, a labourer by profession was travelling on a motor cycle along with Khadim Hussain, when the said vehicle was hit by a Mahindra Maxi Cab, insured with the appellant. Unfortunately, the Tribunal has not stated the facts correctly. It failed to identify the nature of the vehicle on which the deceased was travelling. The entire award proceeds on the basis that the offending vehicle is a scooter. On the contrary, after verifying the records, it is fairly stated by the counsel for the appellant-Insurance Company that the offending vehicle insured with the appellant-Insurance Company is a Mahindra Pick Up van. The Tribunal has failed to appreciate that there is a mistake apparent on the face of record.

2. Be that as it may, on the death of Ghulam Rasool his wife aged 45 years and son aged 25 years are the claimants.

3. Oral and documentary evidence were let in. On th









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