UNION OF INDIA Vs. MST. REHTI & ORS.

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 20.08.2008 passed by the Motor Accidents Claims Tribunal, Srinagar, in case titled Mst. Rehti & ors. v. Union of India & others, in file No. 155/claim, whereby an amount of Rs. 9,22,104/- with 6% interest came to be awarded in favour of claimants-respondents and against the appellant-insurer (for short, the impugned award), on the grounds taken in the memo of appeal.

(2.) The facts in brief are that husband of claimant-respondent no. 1, father of claimants 2 to 4 and son of claimant-respondent no. 5, namely, Abdul Rehman Wangnoo was hit by the offending vehicle, bearing No. 90-P-825 (army vehicle) at Bemina Bye-pass road on 08.05.2002, which was being driven by appellant no. 4 rashly and negligently, as a result of which the deceased sustained injuries and succumbed to the same at SKIMS, Soura. FIR No. 83/2002 came to be registered at Police Station Parimpora.

(3.) Claimants-Respondents herein claimed compensation to the tune of Rs.15.00 lacs as per the break-up given in the claim petition.