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2021 Supreme(J&K) 10

SANJAY DHAR
Oriental Insurance Company Ltd. – Appellant
Versus
Tauseef Ahmad Dar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Manzoor A. Dar, Advocate
For the Respondent:Mr. Rizwan, Advocate

JUDGMENT :

1. The appellant insurance company has challenged the award dated 13.06.2015, passed by Motor Accident Claims Tribunal, Anantnag (for short “the Tribunal”), whereby a sum of Rs.9,10,000/ along with interest @7.5% per annum has been awarded as compensation in favour of the claimants/respondent Nos.1 and 2 to be payable by the appellant insurance company.

2. The instant appeal owes its genesis to a motor vehicular accident that took place on 15.03.2012 at Tulkhun Bijbehara, when a vehicle bearing No.JK03B-9192 that was being driven rashly and negligently by its driver, the respondent No.4 herein, knocked down mother of the claimants, the respondent Nos.1 & 2 herein, resulting in her death.

3. The claim petition was resisted by the appellant insurance company as well as by the owner and driver of the offending vehicle i.e. respondent Nos.3 and 4 herein, by filing their pleadings in answer to the claim petition. All the respondents before the Tribunal denied the occurrence. The appellant insurance company, while admitting that the offending vehicle was covered by a policy

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