NATIONAL INSURANCE CO LTD Vs. AB REHMAN DANTOO
LAWS(J&K)-2006-5-41
HIGH COURT OF JAMMU AND KASHMIR
Decided on May 12,2006

NATIONAL INSURANCE CO LTD Appellant
VERSUS
Ab Rehman Dantoo Respondents

JUDGEMENT

J.P.SINGH, J. - (1.) NATIONAL Insurance Company Limited is in appeal against judgment dated 3.6.2002 in CIMA No. 85/2001 passed by a Learned Single Judge of this court, whereby its appeal against award dated 15.6.2001 of Commissioner Under Workmens Compensation Act, Kashmir Division, Srinagar, was dismissed with the modification that the awarded amount would be payable only to first respondent Abdul Rehman Dantoo.
(2.) FACTS leading to the filing of this original side appeal of National Insurance Company Limited may be summarized thus: One Bilal Ahmad Dantoo s/o Abdul Rehman Danloo, was driving Truck No. JKO1 -A 5244 owned by Manzoor Ahmad Bhat from Jammu to Srinagar, when it met with an accident near Keela Mode Ramban on 11.4.1997, resulting in instantaneous death, of the driver.
(3.) FIRST respondent and other dependants of the deceased driver filed a claim petition before Motor Accidents Claims Tribunal, Srinagar, arraying Manzoor Ahmad Bhat and appellant -company as party respondents. This petition was, however, dismissed on 7.9.1999 holding that the claims Tribunal did not have jurisdiction to entertain the claim petition. The Claimants thereafter moved Commissioner under Workmens Compensation Act 1923 vide their claim petition bearing No. 183/WC, seeking compensation from the owner and insurer of the vehicle.;


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