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Oriental Insurance Co. Ltd. – Appellant
Versus
Mst. Fazi – Respondent
JUDGMENT :
1. The instant appeal under Section 173 of the Motor Vehicles Act is directed against the award 31.10.2007 passed by Motor Accidents Claims Tribunal, Srinagar (for brevity’ the Tribunal).
2. Before coming to the instant appeal, let me give a brief background of the facts that have led to the filing of this appeal.
3. As per the facts narrated by the claimants before the Tribunal, on 02.11.1996 deceased Ghulam Hassan Dar was knocked down by a vehicle bearing registration No.JK01/7761, that was being driven rashly and negligently by its driver, Bashir Ahmad Mir, respondent No.8 herein. The accident resulted in death of the deceased. The claimants comprising widow, sons and daughters of the deceased (respondents 1 to 7 herein) filed a claim petition before the Tribunal claiming compensation of Rs.44, 90,000/-.
4. The driver and owners of the offending vehicle (respondent No.8 to 11 herein) contested the claim petition by filing the objections, whereby they pleaded that the offending vehicle was covered by a policy of insurance issued by Oriental Insurance Company.
5. The claim petition was contested by the appellant insurance company by filing its reply thereto, wherein, inter-a
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