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2022 Supreme(J&K) 52

VINOD CHATTERJI KOUL
United India Insurance Company Limited – Appellant
Versus
Manzoor Ahmad Wani – Respondent


Advocates:
Advocate Appeared:
For the Appellants(s) :Mr Shabir Hussain Kanth, Advocate
For the Respondent(s):Mr Sheikh Abdul Hai, Advocate

JUDGMENT :

Impugned in these three Appeals is a common Award dated 27th June 2018, passed by Motor Accident Claims Tribunal, Shopian (for brevity “Tribunal”), allowing three Claim Petitions and directing appellant Insurance Company to pay compensation to respondents/claimants therein. The appeals are taken up, discussed and decided ad seriatim.

Mac App no.29/2019 (Titled: United India Insurance Company Limited v. Manzoor Ahmad Wani and others)

2. A claim petition, bearing File no.16/Claim, was filed by respondents 1&2/claimants before the Tribunal, averring therein that on 8th July 2010, an accident took place, in which their son, namely, Kifayat Hussain, who was driver of offending vehicle (platform), bearing Registration no.JK02AE-4947, died, besides other casualties. On the basis of case set up, claimants/respondents sought compensation of Rs.10.00 Lakhs along with interest and costs.

3. Appellant Insurance Company filed Written Objections, insisting therein that driver of offending vehicle was not having valid driving licence and that appellant was not liable to pay compensat

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