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2021 Supreme(J&K) 704

TASHI RABSTAN
Oriental Insurance Co. Ltd. – Appellant
Versus
Asha Devi – Respondent


Advocates Appeared:
For the Petitioner: D.S. Chauhan.

JUDGMENT :

(Tashi Rabstan, J.) :

1. When the matter was called, no one has caused appearance on behalf of the respondents-claimants. A perusal of order sheets reveals that earlier also on several dates of hearing, respondents remained unrepresented. Therefore, this Court is left with no other option but to dispose of this appeal on the basis of pleadings and averments made in the appeal.

2. The present appeal has been filed against the award dated 31.01.2011 passed by the Presiding Officer, Motor Accident Claims Tribunal, Kathua, hereinafter referred to as 'Tribunal' in file No. 52/Claim, title "Asha Devi and Others Vs. Raj Kumar and Other". The aforesaid claim was allowed with a direction to the insurance company to pay an compensation amount of Rs.6,10,000/- to the respondents along with interest @ 7.5% till liquidation of the whole amount minus the interim compensation if any received by the claimants under Section 140 of the Motor Vehicle Act.

3. The parties were directed to lead evidence before the Tribunal and after appreciation of the evidence lead by the parties, the Tribunal on the basis of statements of the witnesses and on perusal of the record annexed with claim petition,

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