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HC upholds award
10/6/2010 8:54:27 PM
EARLY TIMES REPORT
Jammu, Oct 06 (JNF):- Justice Mohd Yaqoob Mir of J&K High Court (Jammu Wing) today upheld award of compensation to the tune of Rs 9, 93, 120/- along with interest @ 7.5% PA awarded by MACT in favour of the wife and child of deceased.
National Insurance Company dissatisfied with the award has filed this appeal in the State High Court. According to the case on July 20, 2003 a mini bus met with an accident at Check Ram Chand Logate Morh. Deceased Girja Nand who among others was also traveling in the said vehicle got injured and finally succumbed to injuries in GMC on July 31, 2003. Deceased at time of death was 26 years old leaving behind a widow and nine months old son. The insurance company challenged on the award on various ground including that the driver was not possessing a valid driving license on the date of occurrence and the vehicle was plied against the condition of route permit as the vehicle met with accident in District Kathua whereas Route permit vehicle could plied from Mishriwala to Janipur Jammu.
The court after hearing both the sides and referred various judgments including the judgment of Division Bench of the state High Court observed that the judgment of the Division Bench of this Court is binding so while applying the law as has been laid down, the contention of the counsel for the insurance company to the same effect fails. The findings return by the MACT do not call for any interference, so are upheld and the appeal is dismissed. The awarded amount on deposit shall be dealt within accordance with the directions.
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