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JAMMU AND KASHMIR HIGH COURT
Goel, J
Anand Ram v. A. K. Jain
| Table of Content |
|---|
| 1. appeal concerns a claim for compensation due to negligent driving. (Para 1 , 2) |
| 2. arguments center on the insurer's failure to contest due to procedural oversights. (Para 3 , 10 , 12) |
| 3. the tribunal originally awarded compensation that was later contested. (Para 4 , 6 , 9) |
| 4. court's ruling emphasizes jurisdictional issues regarding the insurer's appeal. (Para 14 , 15) |
| 5. final decision restores the tribunal's compensation award. (Para 17) |
1. This appeal by the appellants is directed against the judgment passed by learned single Judge of this court in C.I.M.A. No. 74 of 1994, dated 28.4.1995.
2. In order to properly appreciate the respective contentions urged by the learned counsel for the parties appearing in this appeal, facts need to be briefly referred to which are as under:
A claim petition under the provisions of Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act'), came to be filed by the appellants against owner, driver as well as insurer of the vehicle bearing registration No. JKA 8449. Case of the appellants as set - out in the claim petition under the Act was that on 31.10.85 the said vehicle was being driven by Ghulam Rasool Khuroo and Mohan Kri
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