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IN THE HIGH COURT OF JAMMU AND KASHMIR
Mr. Sanjay Dhar, J
Ali Mohammad Dar v. Prem Singh
| Table of Content |
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| 1. the appeal arises from a compensation claim due to a fatal accident involving a vehicle. (Para 1 , 2 , 3) |
| 2. the court observes that the insurance policy was found to be fraudulent, affecting liability determinations. (Para 4 , 5 , 9 , 18 , 19) |
| 3. arguments focus on the insurance policy's validity and implications of alleged fraud. (Para 10 , 11 , 12 , 15) |
| 4. the ruling clarifies the applicability of the 'pay and recover' principle in fraudulent contexts. (Para 21 , 22) |
| 5. the appeal was dismissed, and the original tribunal's decision was upheld. (Para 26) |
1. This appeal, filed under S.173 of the Motor Vehicles Act, 1988, is directed against the award dated 15.7.2023 passed by the learned Motor Accidents Claims Tribunal, Anantnag (hereinafter referred to as 'the Tribunal') in the claim petition filed by the petitioners herein, thereby holding the respondent No. 1 (registered owner) and respondent No. 2 (attorney of respondent No. 1) jointly and severally liable for compensation to the tune of Rs.7,08,000, along with interest at 6 per cent per annum, from the date of filing of the claim petition, i.e., 9.4.2008, already awarded by the Tribunal vide order / award dated
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