MANAGING DIRECTOR, J&K SRTC Vs. ABDUL RASHID RATHER

JUDGEMENT

(1.) Impugned in this Appeal is Award dated 18th October 2016, passed by Motor Accident Claims Tribunal, Srinagar (for short "Tribunal") on a claim petition bearing File no.95/2009, titled Abdul Rashid Rather and another v. Managing Director, SRTC and others, on the grounds made mention of therein.

(2.) A claim petition, as is discernible from perusal of record on the file, was filed by claimants - respondents 1&2 herein, stating therein that on 19th January 2009 one Tariq Rather son of Abdul Rashid Rather resident of Kotranka, Rajouri (hereinafter referred to as "deceased") along with his friend, was travelling on a motor bicycle and while reaching Bagla Moad, Thanda Pani, Sundar Bani, Rajouri, was hit by a vehicle (Crane) bearing Registration no.JK02Y-0176, which was rashly and negligently driven by its driver, resulting in on the spot death of deceased. In this regard an FIR no.03/2009 in concerned police station was lodged. A claim petition thereafter came to be filed by respondents 1&2 before the Tribunal, claiming therein that at the time of accident, age of deceased was 20 years; he was earning Rs.9000/- per month; and on the edifice of case set up, they sought compensation of Rs.30.20 Lacs.

(3.) Appellants herein filed their written statement in opposition to claim petition of respondents 1&2. Given the pleadings of parties, the Tribunal framed four Issues and after discussing them in detail passed impugned Award.