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2023 Supreme(J&K) 562

M. A. CHOWDHARY, N. KOTISWAR SINGH
National Insurance Company Limited – Appellant
Versus
Ruhail Manzoor Gunna – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr Aatir Javed Kawoosa, Advocate.
For the Respondent:Mr Sami Yaqoob, Advocate.

JUDGMENT :

Chowdhary, J.

1. This appeal, under Section 17 of the J&K State Consumers Protection Act (as was then applicable), has been preferred by the Appellant-Insurance Company against the award dated 6th of December, 2018 passed by the erstwhile J&K State Consumer Disputes Redressal Commission (SCDRC) Srinagar (for short “the Commission”) in a complaint No. 57/2018, titled ‘Ruhail Manzoor Gunna v. National Insurance Company Limited’, whereby compensation to the tune of Rs.4.50 lacs, along with interest @ 10 % per annum from the date of complaint, besides litigation costs of Rs.20,000/- were awarded in favour of the complainant/ Respondent herein.

2. The brief facts of the case, as these emerge from the perusal of the pleadings on record, are that the complainant/ Respondent herein as owner of vehicle (Tata 407M-2014 Goods Carriage) bearing Registration No. JK01W-1652, insured it with the Appellant-Insurance Company for a sum of Rs.7,06,325/-, with the validity of the insurance policy being from the 24th day of April, 2014 till 23rd of April, 2015.

2.1. The said vehicle is stated to have met with an accident at Raingi, Baramulla on 12th of January, 2015, as a result of which the veh

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