(1.) The wife of the deceased late Gander Malik, who was claimant before the Motor Accident Claims Tribunal, Bhaderwah (hereinafter referred to as the "Tribunal'), is in appeal against the award dated 31.03.2004 passed by the Tribunal in file No. 58/claim titled "Mst. Sakeena Begum vs. Ashwani Kumar and ors'.
(2.) This appeal has been filed primarily on the ground that the compensation awarded by the Tribunal is too meager, to be called just and fair and also that the Tribunal, in the given facts and circumstances, failed to apply the principle of "pay and recover' and erroneously absolved the New India Assurance Company Ltd., "insurer'. of its liability to pay compensation to the appellant claimant.
(3.) On the allegation that the deceased had died in the motor vehicle accident due to rash and negligent driving of the offending vehicle by its driver, the respondent No.3, a claim petition was filed by the appellant before the Tribunal arraying Mushtaq Ahmed, the driver, Ashwani Kumar, the owner and the insurer as party respondents. The claim petition was contested only by the insurer.