NATIONAL INSURANCE COMPANY LIMITED Vs. FATIMA

JUDGEMENT

(1.) Impugned in this appeal is the award dated 17.10.2016 passed by the Motor Accident Claims Tribunal Srinagar (for short "Tribunal") in a claim petition bearing file no.63/2012 titled "Mst. Fatima and others Versus Mrs. Neelam Manzoor and others" , directing appellant-National Insurance Company Ltd. to pay compensation in the amount of Rs.16,99,200/- alongwith interest @ 6% per annum from the date of petition till final realization.

(2.) The claim petition was filed by the respondent nos.1 to 5 before the Tribunal on 06.03.2012 claiming compensation on account of death of Fayaz Ahmad Bafanda S/o Mohammad Yousuf Bafanda R/o Butshah Mohala, Lal Bazar, Srinagar, in a motor accident which took place on 29.11.2011 at Kirhama Ganderbal due to rash and negligent driving of vehicle Maruti Swift bearing registration No. JK01M 0088 which was being driven by respondent no.2 namely Sheikh Shabir Ahmad. The offending vehicle was insured with respondent no.3 i.e. National Insurance Company Ltd. Respondent nos.1 to 5 claimed that deceased was of the age of 40 years who was business man by profession earning Rs.20,000/- per month claimed compensation of Rs.1.08 crores.

(3.) Respondent no.1 (owner) did not contest the claim petition. It was the respondent no.2 (driver) and the appellant-respondent no.3 who contested the claim petition before the Tribunal.