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2023 Supreme(J&K) 367

M. A. CHOWDHARY
Mushtaq Ahmad Sofi – Appellant
Versus
Noor Hussain Dar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr M. M. Dar, Advocate.
For the Respondent:Mr Aatir Javed Kawoosa, Advocate

JUDGMENT :

1. This appeal, under Section 173 of the Motor Vehicles Act, 1988 (for short “the Act of 1988”) is directed against the award dated 19th of May, 2012 (hereinafter referred to as “the impugned award”) passed by the learned Motor Accident Claims Tribunal, Srinagar (for brevity “the Tribunal”) in a claim Petition titled ‘Noor Hussain Dar v. Mushtaq Ahmad Sofi & Ors.’, whereby the claim Petition stands allowed and the claimant/Respondent No.1 herein held entitled to the compensation worked out at Rs.1,90,000/-, inclusive of interim relief, if any, granted, along with interest @ 6 % per annum from the date of filing of the claim Petition, till final realization of the awarded amount.

2. The brief facts of the case, as come to the fore from the perusal of the pleadings on record, are that a claim Petition came to be filed before the learned Tribunal by the claimant/Respondent No.1 herein, asserting therein that on 24th of January, 2004, while he was going in his Auto Rickshaw (Load Carrier) bearing registration No. JK01G/3421 and when he reached Khona Khan, Dalgate, he was hit by a bus bearing registration No. JKE-2373 driven very rashly and negligently by the Respondent No.2/Ap

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