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| Court directs Insurance co to pay Rs 6 cr as compensation in 27 claims | | 2009 Kishtwar road mishap | | Early Times Report
Kishtwar, Sept 7: Principal District and Session judge Kishtwar M S Parihar in a historic judgment awarded over Rs. 6 crore compensation in 27 different claim petitions (Bunch of petitions) titled Rafiqa Begum and others Versus Bajaj Allianz General Insurance Co. Ltd and another filed under section 166 of Motor Vehicle Act, 1988 as all the claims arise out of the one accident and the issues involved are the same.
As per the details of the judgment available with ET, while quoting various judgments of Supreme Court of India, Principal District and Session Judge Kishtwar in his judgment stated that in the light of the proposition of the law laid down by SC, the respondent No. 1 is directed to deposit the entire amount of the compensation awarded in favour of the claimants in all the twenty Seven claim petitions along with the interest within 30 days from the date of the award and said compensation will be utilized to satisfy the claims of all the claimants of the claim petitions. The judgment further added that the Insurance Company will be entitled to recover the compensation paid by it, in access of its liability from the respondent No. 2, the owner of the vehicle by execution of the awards.
As per the brief history of the case, on 4th of May 2009, Vehicle/Matador bearing registration No. JK06-1075 owned by Alamgeer Ahmed, the respondent No. 2 and insured with respondent No. 2 met with an accident at Banderkot at 7.30 AM, while going from Kishtwar towards Palmar. The vehicle was carrying 36 passengers at the time of the accident. The vehicle fell down about 400-500 feet from the road as a result of which some passengers died on spot and some passengers were critically injured. The injured passengers were taken to government hospital at Kishtwar and subsequently they were shifted to Governemnt Medical College and Hospital Jammu for further treatment. The deceased Azad Hussain son of Bahar Din R/O Sangrabata in this case succumbed to injuries on 18-05-2009. The FIR regarding the accident was registered Vide No. 62/2009 U/S 279/337/304-A RPC at Police Station Kishtwar. The legal heirs of the deceased Azad Hussain filed claim petition U/S 166 MVA for claiming compensation from the respondents which was upheld by the Principal District and Session Judge and an amount of Rs. 44902468 was sanction in favour of all the claim holders with an interest rate of 7.5% per year from the date of filling of the petition by the petitioners and thus the overall compensation sanctioned by the Principal District and Session Judge Kishtwar exceeds an amount of over Rs. 6 crore . Four persons was also injured in the accident.
Advocate I.A Hamal, O P Parihar, M H Waza, Sheikh Nasir Hussain, M Y Kichloo, Vikas Kant Sharma, K K Sharma appeared in the case while I J Charak appeared for Respondent No. 1 and K A Dev for Respondent No. 2. |
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