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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
Mr. Baldev Singh, J
Oriental Insurance Co. Ltd. v. Ghulam Mohd.
| Table of Content |
|---|
| 1. case involves appeal on compensation under motor vehicles act. (Para 1 , 2) |
| 2. arguments regarding the applicability of sections 140 and 163-a. (Para 3 , 4) |
| 3. court discussions on compensation framework and legislative intent. (Para 5 , 6 , 7 , 8) |
| 4. reiteration of the learned single judge’s upheld view. (Para 9) |
| 5. conclusion confirms appeals lack merit and results in dismissal. (Para 10 , 11) |
1. We have heard Mr. Baldev Singh, Advocate for the appellant as well as Mr. P.N. Raina, Advocate with Ms. Anshuya Sharma, Advocate for the respondents at length. These appeals by Letters Patent have been preferred by the insurance company against common judgment and order propounded by the learned single Judge in C.I.M.A. Nos. 66, 125 of 2001 and 106 - A of 2002. By the aforesaid judgment the learned single Judge had dismissed appeals against a common award passed by the Presiding Officer, Motor Accidents Claims Tribunal, Ramban dated 29.9.1998.
2. The sole controversy raised before the learned single Judge was as to whether court can grant additional compensation to the victims in terms of S.163 - A of Motor Vehicles Act (hereinafter referred to as 'the Act') when compensat
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