NATIONAL INSURANCE COMPANY LTD Vs. THORU RAM

JUDGEMENT

(1.) Ma 06/2009

(2.) Briefly stated the facts, relevant to the disposal of this appeal, are that on 16.07.2002 at Railway Morh, Vijaypur, when the deceased was standing on the road, a Bus bearing registration No. JK02L-3851 ["offending vehicle?] which was coming from Samba being driven rashly and negligently by its driver hit the deceased, as a result whereof, the deceased fell down on the ground and while being shifted to the hospital, succumbed to his injuries. The claimants filed a claim petition before the Tribunal for payment of compensation on account of death of the deceased. The claim petition was contested by the insurer only, whereas the owner and driver chose not to contest the same and were, accordingly, set ex parte by the Tribunal.

(3.) On the basis of pleadings of the parties, the Tribunal framed the following issues: