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2021 Supreme(J&K) 457

VINOD CHATTERJI KOUL
United India Insurance Company Limited – Appellant
Versus
Mohammad Afzal Siddiqui – Respondent


Advocates:
Advocate Appeared:
For the Appellant(s):Mr. N.H. Khuroo, Advocate
For the Respondent(s):Mr. Malik Mushtaq, Advocate

Judgment

Vinod Chatterji Koul, J.-Impugned in this Appeal is Award dated 11th April 2016, passed by Motor Accident Claims Tribunal, Pulwama (for short “Tribunal”) on a Claim Petition bearing MAC no. 33/2007 titled Mohammad Afzal Sidiqi v. Irfan Elahi and Others, directing appellant Insurance Company to pay compensation in the amount of Rs.7,98,000/- 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 respondent nos.1 to 3 before the Tribunal on 21st August 2007, averring therein that Mohd Afzal Siddiqui S/o Mehfooz Ahmad Siddiqui R/o Chakka Tola, aged 36 years, got injured in an accident, which took place on 26th June 2007 at Drangbal Pampore, due to rash and negligent driving of driver of offending vehicle, bearing Registration no. JK05-2342 (Truck) which was insured with appellant Insurance Company.

3. Appellant Insurance Company resisted the claim before the Tribunal on the ground that respondent no.2 had miserably failed to prove that the vehicular documents were valid on the date of accident as he had not submitted such docu

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