UNITED INDIA INSURANCE CO LTD Vs. RAFIQA BEGUM

JUDGEMENT

(1.) ADMIT. The appeal has been submitted to set aside the award passed by the Motor Accidents Claims Tribunal, Srinagar dated 12 -11 -1998 in Claim Petition No. 15/98 titled Rafiqa Begum and others Vs. Gh. Nabi Wani and others.

(2.) THE record reveals that the deceased Farooq Ahmad was travelling in a tipper bearing registration No. 571 JKO -1C on 08 -01 -1998. The tipper met with an accident due to the front tyre burst resulting in grave injury to Farooq Ahmad and his subsequent death. The claim petition was filed in the Motor Accident Claims Tribunal, Srinagar which was considered on merits and allowed vide order dated 121 -11 -1998.

(3.) THE main grounds taken in the memorandum of appeal are that respondents No. 8 & 9, driver and owner did not participate in the proceedings, therefore, the appellants have right to contest the appeal on all available grounds. The quantum of compensation has been calculated on wrong multiplier and the amount which has been awarded by the Tribunal is excessive on account of the fact that the deceased was a labourer and not a passenger. The claimants -respondents had right to claim compensation under the Workmens Compensation Act and not before the Motor Accidents Claims Tribunal.