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2020 Supreme(J&K) 209

SANJEEV KUMAR
National Insurance Company Ltd. – Appellant
Versus
Purna Devi – Respondent


Advocates Appeared:Advocates Appeared:
For the Appellant :Mr. Sanjay K. Dhar Advocate
For the Respondent:Mr. F.S. Butt Advocate

JUDGMENT :

1. National Insurance Company Ltd. (hereinafter referred to as the “insurer”) is in appeal against the judgment and award dated 20August, 2016 passed by the Motor Accident Claims Tribunal, Kishtwar (“Tribunal” for short) in a claim petition No. 77/Claim titled “Purna Devi and others vs. National Insurance Company Ltd and others” whereby respondent Nos. 1 to 3 (hereinafter referred to as the “claimants”) have been held entitled to a compensation of Rs. 19,66,928/-along with interest @ 7.5% per annum. The Tribunal has directed the insurer to indemnify the owner (respondent No.4) and pay the awarded compensation to the claimants.

2. Before adverting to the grounds of challenge urged in this appeal, it would be appropriate to refer to few facts relevant to the disposal of this appeal.

The predecessor-in-interest of the claimants Sh. Sadhu Ram was travelling in a private car (Alto make) bearing registration No. JK06-2149 (hereinafter “the offending vehicle” for short) driven by one Javed Zargar and was going from Jammu to Kishtwar. The offending vehicle met with an accident

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