IN THE HIGH COURT OF JAMMU AND KASHMIR
Judge Balbir Singh, J
Insurance Company – Appellant
Versus
Claimants – Respondent
| Table of Content |
|---|
| 1. insurance company challenges award due to claimed policy breaches. (Para 1 , 2 , 3) |
| 2. compensation assessment intricacies regarding future earnings and service benefits. (Para 5 , 6 , 18) |
| 3. court modifies award ensuring compliance with legal principles on interest. (Para 20 , 22) |
1. The appellant insurance company has challenged award dated 12.3.2019 passed by the Motor Accidents Claims Tribunal, Srinagar (hereinafter referred to as 'the Tribunal'), whereby compensation in the amount of Rs.20,54,251 along with interest at 6.5 per cent per annum has been awarded in favour of respondent Nos. 1 to 3 (hereinafter referred to as 'the claimants') and the appellant has been burdened with the liability to satisfy the said award.
2. The claim petition has arisen out of a road accident that took place on 7.9.2012, as a result of which one Ghulam Hassan Rather, who happened to be the father of respondent Nos. 1 and 2 and husband of respondent No. 3, suffered fatal injuries. In the claim petition, it was alleged that the deceased was travelling in a vehicle bearing No. JK 01 - F 4924 that was being driven rashly and negligently by its driver, respondent No. 4 herein, as a resu
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