BAJAJ ALIANZ GEN INSURANCE Vs. MST SARA

JUDGEMENT

(1.) The Civil 1st Miscellaneous Appeal on hand is directed against the award dated 31st August, 2009 passed by Motor Accident Claims Tribunal, Srinagar in claim petition titled "Mst. Sara and Ors. v. Mohd. Rafiq and Ors.", whereby the Tribunal has awarded an amount of Rs. 11,73,000/- (Rupees Eleven Lacs and Seventy Three Thousands) to the respondents as compensation on account of death of Shri Abdul Hamid - husband of respondent/claimant No. 1, father of respondents/claimants 2 to 5 and son of respondent/claimant No. 6 in the vehicular accident on 22nd June, 2007. The appellant-Insurance Company questions the award on following two grounds :-

(2.) I have gone through the memorandum of appeal, the award impugned as also the record received from the Tribunal. I have heard learned counsel for the parties.

(3.) The appellant-Insurance Company though given adequate opportunities by the Tribunal failed to adduce any evidence to substantiate its case set up against the claim petition or to rebut the evidence adduced by the respondents/claimants. There was, thus, no material before the Tribunal to opine that the deceased at the time of accident was driving the vehicle rashly and negligently and, in any manner, contributed to the accident or guilty of contributory negligence.