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2021 Supreme(J&K) 133

PUNEET GUPTA
National Insurance Company Limited – Appellant
Versus
Mohammad Ramzan Ganaie – Respondent


Advocates:
Appearing Counsel:
For the Appellant(s):Mr. Nisar A. Dandro, Advocate
For the Respondent(s):Mr. B.A. Tak, Advocate

Judgment

Puneet Gupta, J.—The appellant-Insurance Company has challenged the Award of the learned Motor Accidents Claims Tribunal, Srinagar on the following grounds:-

a) The award dated 19.11.2015, passed by the Tribunal is bad in law as the Tribunal has not decided the compensation amount in accordance with the Schedule (I) attached to the Employees Compensation Act, 1923 but as per the provisions of the Motor Vehicles Act.

b) The quantum of compensation assessed by the Tribunal is on higher side.

c) The liability of the appellant, if any, to pay compensation to the victim is restricted one as per the Policy.

2. The learned counsel for the appellant has indeed argued the appeal in consonance with the averments contained in the appeal. The learned counsel appearing for the claimant/respondent No.1 has submitted that the Tribunal has passed the order in accordance with law. The compensation awarded is ‘Just’ in the facts and circumstances of the case.

3. The record of the Tribunal is also before the Court for perusal.

4. The learned Tribunal has awarded Rs.5,52,888/- with interest @ 6% per annum from the date of institution of claim petition till realization of the amount in favour

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