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2021 Supreme(J&K) 578

VINOD CHATTERJI KOUL
Bajaj Allianz Insurance Co. Ltd. – Appellant
Versus
Ishtiyaq Ahmad Sheikh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Imtiyaz Ahmad
For the Respondent: Mohd. Altaf Khan

JUDGMENT :

1. Appeals on hand have been, by Order dated 18th September 2020, directed to be listed together as these arise out of same accident having taken place on 21.04.2014 at Lawaypora, Baramulla.

2. Let me first take up and decide Appeal–MA. No. 25/2019. MA No. 25/2019

3. Impugned in this Appeal is Award dated 31.07.2018 passed by Motor Accident Claims Tribunal, Srinagar (for short “Tribunal”) on a Claim petition (File no. 96 of 2013) titled as Ishtiyaq Ahmad Sheikh and others v. Bashir Ahmad Dar and others, directing appellant Insurance Company to pay compensation in the amount of Rs. 4,60,000/- along with 6.5% interest per annum from the date of institution of claim till realization, on the grounds made mention of therein.

4. A claim petition, as is discernible from perusal of the file, was filed by respondents 1 to 6 before the Tribunal on 11.05.2013, averring therein that deceased Mohammad Subhan Sheikh aged 59 years, died in an accident, which took place on 21.4.2013 at Lawaypora, Baramulla, NHM due to rash and negligent driving of driver of offending vehicle (Xylo Cab), bearing Registration no. JK05B/4106 which was insured with appellant Insurance Company.

5. Appellant Insur

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