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2024 Supreme(J&K) 393

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU 
MOHD. YOUSUF WANI
United India Insurance Company Ltd. – Appellant
Versus
Fatima Begum W/o Late Rafeeq Ahmad – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Ravinder Sharma, Advocate.
For the Respondent:Mr. K.S.Johal, Sr. Advocate with Mr. Supreet Singh Johal, Advocate. Mr. Narinder Kumar Attri, Advocate.

JUDGMENT :

1. Both the appeals are taken up together for common disposal as they arise from the same common Award dated 16.07.2012 of the Learned Motor Accident Claims Tribunal, Ramban (hereinafter referred to as the MACT, for short) inter alia passed on the File Nos. 45/2008 titled “Fatima Begum and others Vs. United India Insurance Company and others” and File No. 36/2008 titled “Zulekha Begum & Ors. Vs. United India Insurance Company and others” which came to be filed before the learned MACT owing to an unfortunate accident that took place on 20.04.2008 at 5 PM in the area of Banihal, Ramban, which took the lives of several passengers including the deceased involved in the claim petitions in question namely Rafeeq Ahmad and Khalid Hussain.

2. The common impugned Award dated 16.07.2012 came to be passed by learned MACT in as many as seven claim petitions including the claim petitions filed by the respondents (claim petitioners) of the instant appeals.

3. The learned MACT after culminating the enquiry proceedings in all the claim petitions including the two pertinent petitions filed by the respondents/claim petitioners awarded a total compensation amount of Rs.27,25,000/- along with

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