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2021 Supreme(J&K) 9

VINOD CHATTERJI KOUL
National Insurance Co. Ltd. – Appellant
Versus
Safia Rehman – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. J.A. Kawoosa, Mr. Areeb Kawoosa.
For the Respondent: Mr. G.N. Sofi.

JUDGMENT :

VINOD CHATTERJI KOUL, J.

1. Impugned in this Appeal is Award dated 31.12.2014 passed by Motor Accident Claims Tribunal, Anantnag (for short “Tribunal”) on a Claim Petition bearing File No. 30/2012 titled Safia Rehman and Others vs. Tawseef Ahmad Dar and Others, directing appellant Insurance Company to pay compensation in the amount of Rs. 29,84000/- along with 6% interest per annum from the date of institution of claim till realization, on the grounds made mention of therein.

2. A claim petition, as is discernible from perusal of the file, was filed by respondents 1 to 5 before the Tribunal on 02.08.2012 averring therein that deceased Reyaz Ahmad Dar S/o Mohammad Akram Dar R/o Naagam, Kokernag aged 30 years, died in an accident, which took place on 04.05.2012 at Peer Takiya due to rash and negligent driving of driver of offending vehicle, bearing Registration No. JK-03B-3909 which was insured with appellant Insurance Company, Claimants/Respondents 1 to 5 sought compensation in the amount of Rs. 72,00,000/-

3. Appellant Insurance Company resisted the claim before the Tribunal on the ground that the driver had no effective driving license (D/L) on the date of accident.

4. The T

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