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2022 Supreme(J&K) 333

VINOD CHATTERJI KOUL
United India Insurance Company Limited – Appellant
Versus
Jawahira Begum – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shabir Hussain Kant.
For the Respondents: Tanveer Tahir, Z.A. Wani.

JUDGMENT :

VINOD CHATTERJI KOUL, J.

1. Impugned in this Appeal is Award dated 25th July, 2019, passed by Motor Accident Claims Tribunal, Kupwara, (for short “Tribunal”) on a Claim petition bearing File No. 04/2016 titled Jawahira Begum vs. United India Insurance and others, directing appellant Insurance Company to pay compensation in the amount of Rs. 32,43,212/- along with 7.5% 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 respondents 1 to 3 before the Tribunal on 19.05.2016, averring therein that deceased Parvaiz Ahmad Wani aged 32 years, died in an accident, which took place on 12.02.2016 at Drugmulla, due to rash and negligent driving of driver of offending vehicle, TATA Sumo bearing Registration No. JK-05/5713, which was insured with appellant Insurance Company, Claimants/Respondents 1 to 3 sought compensation to the tune of Rs. 1,00,000,000/-.

3. Appellant Insurance Company resisted the claim before the Tribunal on the ground that claimants had no cause of action against appellant-Insurance Company because as per police report alleged

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