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2024 Supreme(J&K) 29

M. A. CHOWDHARY
Ved Raj Gupta, S/o. Sh. Ram Ditta – Appellant
Versus
New India Assurance Company Ltd – Respondent


Advocates Appeared:
For the Appellant : Mr. Jatinder Choudhary.
For the Respondent: Mr. Rupinder Singh, with Ms. Damini Singh Chouhan.

JUDGMENT :

1. The above-titled Civil 1st Miscellaneous Appeal has been preferred by the appellants against the Award dated 31.10.2016, passed in claim petition titled “Krishan Lal vs. Mannu Ram & Ors.” by the Court of learned Additional District Judge as Motor Accident Claims Tribunal, Udhampur, (hereinafter referred to as “The Tribunal”), whereby the claim petition filed by respondent-Krishan Lal as claimant had been allowed and the appellants had been directed to pay an amount of Rs.85,000/- along with interest @ 7.5% per annum to respondent no. 1 i.e. Insurer of the vehicle

2. It has been pleaded that the respondent-Krishan Lal had filed a claim petition on the ground that on 17.05.2013, while he was standing on road side near JK City Scan, NHW Udhampur, a Tipper bearing no. JK14A/3629 being driven by its driver namely, Munnu Ram, hit him, as a result of which he sustained grievous injuries and was later on, certified to have suffered 7% disability; that initially the petition had been filed amongst others against registered owner of the vehicle-Nitish Gupta, who later died and the appellants and his parents were impleaded as party respondents in his place, who appeared through th

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