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2021 Supreme(J&K) 559

JAVED IQBAL WANI
National Insurance Co. Ltd. – Appellant
Versus
Suraj Singh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Baldev Singh
For the Respondent: K.D.S. Kotwal

JUDGMENT :

1. Appellants, National Insurance Company Limited, has impugned in this Appeal the Award dated 20.11.2013, passed by Motor Accident Claims Tribunal, Ramban (for short 'Tribunal') on a Claim Petition bearing File No. 25/2010 titled Suraj Singh v. Mangal Singh and others, directing appellant Insurance Company to pay compensation in the amount of Rs. 3,17,200/- along with 7.5% interest per annum throughout its realization, on the grounds mentioned therein.

2. A claim petition, as is apparent from perusal of the file, was filed by respondent no. 1 before the Tribunal on 01st of March, 2010, stating therein that Suraj Singh S/o Shankar Das R/o Ramban, Tehsil and District Ramban, aged 33 years, got injured in an accident, which took place on 22nd of January, 2007 at Thard NHW within the jurisdiction of Police Station, Udhampur, due to rash and negligent driving of driver of offending vehicle, bearing Registration No. JK02K5-9885 (Truck), which was insured with Appellant-Insurance Company.

3. Appellant Insurance Company resisted the claim before the Tribunal on the ground that the offending vehicle at the time of accident was being driven by its driver in violation of the conditio

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