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2018 Supreme(J&K) 916

TASHI RABSTAN
Onkar Pathania – Appellant
Versus
United India Ins. Co. Ltd. – Respondent


Advocates:
Appearing Counsel:
For the Petitioner(s):Mr. R.K. Bhatia, Advocate
For the Respondent(s):Mr. Vishnu Gupta, Advocate

JUDGMENT

1. The appellant namely Onkar Pathania has filed seven claim petitions being Nos. 443, 444, 445, 446, 447, 448 and 449 before the Motor Accidents Claims Tribunal, Jammu and some other claim petitions were also filed by some other claimants. The Tribunal has disposed of the claim petitions by passing a common judgment/award dated 07.05.2011. Out of these, the claimant/appellant has preferred appeals against file Nos. 446, 447, 448 and 449 and the Insurance Company has also filed Cross Appeals against the appeals filed by the appellant. I propose to dispose of these appeals and cross objections enlisted above being involve identical facts, arising out of same accident and same parties against common judgment dated 07.05.2011.

2. The facts giving rise to filing of these appeals briefly stated are that the appellant has filed a claim petition before the Motor Accidents Claims Tribunal, Jammu on account of death of deceased in an accident which took place at Bagyal Morh, Kathua on 03.11.2009 and the Motor Accidents Claims Tribunal, Jammu vide its order dated 07.05.2011 passed an award of Rs. 25,000/- in addition to amount granted under no fault liability. It is submitted by the





















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