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2022 Supreme(J&K) 688

SANJAY DHAR
Oriental Insurance Co. Ltd. – Appellant
Versus
Razia Begum – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Vishnu Gupta
For the Respondent: K.K. Pathan

JUDGMENT :

SANJAY DHAR, J.

1. The appellant-Insurance Company has called in question the award dated 03.12.2013 passed by the learned Motor Accidents Claims Tribunal, Poonch whereby a sum of Rs. 7,49,000/- has been awarded as compensation in favour of the claimants/ Respondent Nos. 1 to 4 herein.

2. It appears that on 26.09.2005, an accident took place as a result of which deceased - Taharuf Hussain, who was travelling on a tractor Bearing No. JK12/1147 received fatal injuries. The legal heirs/dependents of the deceased (Respondent Nos. 1 to 4 herein) filed a claim petition before the Motor Accidents Claims Tribunal, Poonch. The learned Tribunal after holding the enquiry and considering the evidence on record, came to the conclusion that the accident had taken place due to rash and negligent driving of the offending vehicle (tractor) in question by its driver that has resulted in death of the deceased. The learned Tribunal after taking the monthly income of the deceased as Rs. 4,500/- assessed the compensation in favour of the dependents, who happened to be the parents of the deceased, widow of the deceased and minor daughter of the deceased, in the amount of Rs. 7,49,000/- along with

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