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2022 Supreme(J&K) 387

TASHI RABSTAN
United India Insurance Co. Ltd. – Appellant
Versus
Kuldeep Singh – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Vishnu Gupta
For the Respondents: Suneel Malhotra

JUDGEMENT/ORDER :

1. The appellant-Insurance Company has filed the present appeal, challenging the award dated 19.03.2009 passed by the Motor Accidents Claims Tribunal, Jammu in File No. 573/Claim titled "Sachin Dhar v. Kuldeep Singh and anr." Brief facts

2. The respondent No. 2, namely, Sachin Dhar alias Billoji has filed a claim petition before the Motor Accidents Claims Tribunal, Jammu, wherein it was alleged that he is an adopted son of the deceased Jia Lal S/o Shankar Pandit, 78 years old bachelor, who was allegedly injured in a road accident which took place on 24.07.2006 near Mahesh Pura Chowk, Jammu due to rash and negligent driving of Mini Bus No. JK02T/8232, resultantly, the deceased died on 31.07.2006 and accordingly, the respondent No. 2 has filed the claim petition for grant of compensation to the tune of Rs. 10 Lakhs on account of death of the deceased Jia Lal.

3. It is narrated by the claimant before the Tribunal that on 24.07.2006 the deceased Jia Lal was on foot near Maheshpura Chowk and was waiting for a bus at about 3.30 pm, meanwhile the offending matador bearing No. JK02T 8232 being driven in a rash and negligent manner by the driver who could not keep control ove

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