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JAMMU AND KASHMIR HIGH COURT
Ali Mohammad Magrey, J
Kajal Chib – Appellant
Versus
National Insurance Co. Ltd. – Respondent
| Table of Content |
|---|
| 1. establishment of negligence in accident causing death. (Para 1 , 2) |
| 2. dispute on the application of correct multiplier for compensation. (Para 3 , 4) |
| 3. evaluation of statutory obligations of the insurer regarding driving authorization. (Para 5 , 6 , 7) |
| 4. clarification on the interest entitlement associated with compensation. (Para 8 , 10 , 14) |
| 5. ruling on the appeal's outcome and necessary modifications to the award. (Para 17 , 18) |
1. Appellant No. 1 - Kajal Chib is wife, appellant No. 2 is father and appellant No. 3 is sister of deceased Sohan Singh, who died in accident which took place at Diyani Morh, Tehsil Samba on 3.1.2007 due to rash and negligent driving of respondent No. 1, the driver of the offending vehicle (bus) bearing registration No. JK 02 - N 2312. The respondent No. 2 is the registered owner of the offending vehicle. A claim petition was filed by the appellants against the respondents seeking compensation to the tune of Rs. 45,00,000 along with interest at the rate of 18 per cent per annum from the date of filing of the claim petition till its realization. The claim petition was contested by the respondent No. 3, the insurer of offending vehicle,
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