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2021 Supreme(J&K) 669

VINOD CHATTERJI KOUL
Bajaj Allianz General Insurance Company – Appellant
Versus
Imaad Durrani – Respondent


Advocates Appeared:
For the Appellant : Mr Imtiyaz Ahmad.
For the Respondents: Mr. R.A. Jan, Sr. Adv. with Mr. Taha Khalil.

JUDGEMENT :

1. Bajaj Allianz General Insurance Company – appellant herein, is aggrieved of and seeks setting-aside of Award dated 16th March 2020, passed by Motor Accident Claims Tribunal, Srinagar, (for brevity “Tribunal”), on a Claim Petition, bearing File no.305/2015, titled Imaad Durrani v. Irshad Ahmed Shah and others, saddling appellant Insurance Company with liability to indemnify insured and pay compensation of Rs.18,67,400/- along with 7.5% interest from the date of presentation of claim petition till final realization, on the grounds made mention of in Appeal on hand.

2. I have gone through the file and considered the matter.

3. A claim petition, as is discernible from perusal of file, was filed by respondent no.1 before the Tribunal on 4th December 2015 for grant of compensation on account of grievous injuries suffered by him because of vehicular accident by rash and negligent driving of the driver of offending vehicle (Swift bearing Registration no.JK13B/7828) on 2nd March 2015, when respondent no.1 was driving his vehicle (Maruti 800) near Rawalpora, Srinagar. Respondent is stated to have been taken to hospital, and thereafter he underwent a number of surgeries out of J

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