ORIENTAL INSURANCE CO. LTD. Vs. MUMTAZA BANO

JUDGEMENT

(1.) Challenge in this appeal is to the award dated 19.02.2013, for short the impugned award, passed by Motor Accident Claims Tribunal, Srinagar, in claim petition titled Mumtaza Bano and others v. Ab. Rahim Malla and others, whereby compensation to the tune of Rs. 7,10,136/- with 6% interest from the date of claim petition till its final realization came to be passed in favour of the claimants/respondents 1 to 3 against the insurer/appellant, on the grounds taken in the memo of appeal.

(2.) After presentation of the claim petition, respondents were put to notice. Respondents 4 and 5, driver and owner, opted not to appear were set ex parte. Appellant/insurer resisted the claim petition and field objections. Learned tribunal after consideration after of rival contentions of the claimants and appellant/insurer, framed following issues in the claim petition:

(3.) Claimants have examined Younis Ahmad Magray, Abdul Aziz Malik, Javid Ahmad Magray as witnesses and statement of one of the claimant, namely, Zahoor Ahmad Malik was also recorded.