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2021 Supreme(J&K) 486

PUNEET GUPTA
United India Insurance Company Limited – Appellant
Versus
Mohammad Amin Bhat – Respondent


Advocates:
Advocate Appeared:
For the Appellant(s) in CMAM No.80/2016 and CMAM No.66/2017:Mr. Nissar A. Dendru, Advocate
For the Respondent(s) in CMAM No.80/2016:Mr. B.A. Tak, Advocate
For the Respondent(s) in CMAM No.66/2017:Mr. A.A. Wani, Advocate

Judgment :

Puneet Gupta, J.-The judgment shall dispose of above captioned two appeals which arise out of common award dated 01.02.2016, passed by the learned Motor Accidents Claims Tribunal, Srinagar in two separate claim petitions. The two separate claim petitions filed before the Tribunal arise out of accident allegedly caused on 30.03.2010 on Srinagar- Jammu National Highway at Galandar, Pampore due to rash and negligent driving by Mohd. Maqbool of a tipper bearing registration No. JK03A-0108 The said vehicle-Tipper hit Vehicle-Tata Sumo-which resulted into death of Showkat Ali, passenger in the said vehicle, and Irshad Ahmad Khan who was driving the Tata Sumo vehicle. The two claim petitions filed by the legal heirs of the deceased persons resulted into passing of awards by common judgment. It is suffice to mention here that the appellant has not challenged the accident which took place allegedly due to the rash and negligent driving of the driver of the tipper and thus this court in appeal is not required to detain itself in detail in dealing with the alleged accident in question and the liability of the appellant to compensate the claimants, if any, in both the claim petitions

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