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2022 Supreme(J&K) 759

VINOD CHATTERJI KOUL
National Insurance Co. Ltd. – Appellant
Versus
Shameema Bano – Respondent


Advocates Appeared:
For the Petitioner: Aatir Javed Kawoosa.
For the Respondents: Aijaz Chesti; Sofi Manzoor.

JUDGMENT :

(Vinod Chatterji Koul, J.) :

1. Impugned in this Appeal is Award dated 31.01.2013, passed by Motor Accident Claims Tribunal, Srinagar (for short "Tribunal") on a Claim petition bearing File no. 231/2006 titled Shameema Bano v. Bashir Ahmad Wani and others, directing appellant Insurance Company to pay compensation in the amount of Rs. 14,46,000/- along with 6% interest per annum from the date of institution of claim till realization, on the grounds made mention of therein.

2. A claim petition, as is evident from perusal of the file, was filed by respondent No.1-Shameema Bano before the Tribunal on 11.10.2006, averring therein that the petitioner, Shameema Bano, injured in an accident, which took place on 06.07.2006 at Pantha Chowk, due to rash and negligent driving of driver of offending vehicle, bearing Registration no. JKD-867 (Bus), which was insured with appellant Insurance Company. Claimant/ respondent No. 1 sought compensation to the tune of Rs. 38.00 lacs.

3. Appellant Insurance Company resisted the claim petition. It was stand of appellant before the Tribunal that driver of offending vehicle was not having valid driving licence.

4. The Tribunal, in view of pleading

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