NATIONAL INSURANCE CO LTD Vs. BAKHTA

JUDGEMENT

(1.) This civil miscellaneous appeal is directed against the award dated 31.1.2009 (hereinafter for short as 'impugned award') passed by the Motor Accidents Claims Tribunal, Srinagar (for short, 'the Tribunal') in a claim petition titled Bakhta v. Showkat Ali Dar (for short, 'the claim petition') instituted on 19.3.2002, bearing File No. 37/Claim and decided on 31.1.2009. In order to deal with the appeal in hand, the history of the case needs to be underlined so that the impugned award is appreciated to be just or otherwise.

(2.) Ghulam Rasool Baba, deceased, while walking on the correct side of the road at Nail Bridge, was hit by a vehicle No. JKC 8795 (bus), which was being driven by its driver, namely, Abdul Rashid Bhat, rashly and negligently. The victim sustained and succumbed to injuries in Soura Medical Institute. F.I.R. No. 3 of 2001 was registered at Police Station Ganderbal, for the offences punishable under sections 279, 304-A of the Ranbir Penal Code (for short 'the R.P.C). The claimants-respondent Nos. 1-3 being the victims of vehicular accident invoked the jurisdiction of the Tribunal and sought compensation, as per the break-up given in the claim petition, for the loss suffered by them. To elaborate the contention further, it was projected by the claimants that Ghulam Rasool Baba, while walking near Nail Bridge, was hit by a vehicle bearing registration No. JKC 8795, sustained and succumbed to injuries in Soura Medical Institute. The said vehicle was being driven by its driver Abdul Rashid Bhat, respondent No. 5, rashly and negligently. F.I.R. in the matter was registered under sections 279 and 304-A of the RPC at Police Station Ganderbal.

(3.) The written statement was filed and claim petition was resisted by the appellant as also by the driver and owner and following issues came to be framed: