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2022 Supreme(J&K) 676

RAJNESH OSWAL
Oriental Insurance Co. Ltd. – Appellant
Versus
Ramesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. D. S. Chauhan, Advocate & Ms. Sheeba Sethi, Advocate
For the Respondent:Mr. Ankesh Chandel, Advocate

JUDGMENT :

1. This appeal arises out of the award and judgment dated 17.07.2010 passed by the Motor Accidents Claims Tribunal, Jammu (hereinafter to be referred as the Tribunal) in file No. 553/Claim, titled Ramesh and another vs Jagdish Singh and others by virtue of which a compensation of Rs. 4,77,000/- along with interest at the rate of 7.5% per annum from the date of filing of the claim petition till its realization has been granted to the claimants/respondent Nos. 1 and 2.

2. The only ground on the basis of which the present appeal has been filed is that the driver of the offending vehicle respondent No. 4 herein was not having a valid license as upon verification of the renewal of the driving license No. 274/R/201 dated 11.01.2001 from the Licensing Authority Jammu, it was found that the renewal No. 3836/J with effect from 18.06.2005 to 17.06.2008 stands renewed in the name of some other persons having driving license No. 44613/J.

3. The facts necessary for disposal of the present appeal are that the respondent Nos. 1 and 2 filed the claim petition for grant of compensation on account of death of their son, who died in a road traffic accident on 03.12.2007 that was caused due to

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