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2021 Supreme(J&K) 308

TASHI RABSTAN
New India Assurance Co. Ltd. – Appellant
Versus
Rafaqat Hussain – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Amrit Sarin, Advocate
For the Respondent:Mr. Raghu Mehta, Advocate

JUDGMENT :

1. The present appeal is directed against the award dated 31.01.2020 in File No. 87/Claim passed by the Learned Motor Accidents Claims Tribunal, Rajouri, (for short MACT, Rajouri), whereby an amount of Rs.1,43,39,520/- has been awarded in favour of the claimant/respondent No. 1 alongwith interest @ 7.5% per annum from the date of filing of claim petition till its realization.

2. Factual matrix of this case, as gathered from the impugned award, is that on 09.04.2014 the claimant/respondent No.1 received serious injuries in a vehicular accident at Mandir Gala due to the rash and negligent driving of the driver of offending vehicle No.JK02AD 4425 coming from Sungri towards Rajouri.

3. Claimant/respondent No. 1 filed a claim petition before learned MACT, Rajouri for claiming compensation on account of the injuries caused to him. After putting to notice, the National assurance company Ltd., caused appearance and contested the claim petition. The following issues came to be framed on 31.08.2016 by the Tribunal:

    1. Whether petitioner sustained injuries in road traffic accident on 09

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