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2023 Supreme(J&K) 430

M. A. CHOWDHARY
United India Insurance Company Limited – Appellant
Versus
Shahzada – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr N. H. Khuroo, Advocate.
For the Respondent:Mr Mohammad Sultan, Advocate, Mr Nisar Ahmad Bhat, Advocate

JUDGMENT :

1. The Appellant-Insurance Company has preferred this appeal against the award dated 18th of December, 2009 passed by the learned Motor Accident Claims Tribunal, Srinagar in a claim Petition bearing No. 50/2006 titled ‘Mrs. Shahzada & Ors. v. United Insurance Company & Ors.’, whereby the claimants/ Respondents 1 to 4 herein were granted an amount of Rs.9,30,000/- + 25,000/- with 6 % interest, inclusive of interim relief, from the date of presentation of the claim Petition till final realization.

2. The impugned award has been assailed by the Appellant-Insurance Company, inter alia, on the following grounds:

    a. “That besides raising valid and legal objections, it was specifically contended that the driver of the alleged vehicle was not holding the valid driving licence at the time of accident and also that the offending vehicle was being plied without valid vehicular documents which fact was proved to the satisfaction of the Hon’ble Tribunal when an application was moved for calling upon the owner and driver of the vehicle to submit the documents in terms of Section 134

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