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JAMMU AND KASHMIR HIGH COURT
Sanjeev Kumar, J.
Kajal Chib and Others v. Kuldeep Singh and Others
| Table of Content |
|---|
| 1. claim initiated due to death in an accident; determining compensation. (Para 1 , 2 , 3) |
| 2. assessment of driver’s liability and insurance obligations. (Para 4 , 5) |
| 3. insurance liability principles and driver license validity discussion. (Para 6 , 8 , 9) |
| 4. court's reasoning regarding interest on compensation. (Para 7 , 10 , 12 , 14 , 15) |
| 5. final ruling modifying the compensation and confirming insurer's obligations. (Para 17) |
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, whereas
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