STATE OF J&K Vs. MIR FATHIMA

JUDGEMENT

(1.) The instant appeal is directed against the Award dtd. 9/12/2017 passed by Motor Accident Claims Tribunal Pulwama, in 76/CP titled Abdul Gani Mir and Anr. Vs. State of J&K and Ors. seeking setting aside of the same.

(2.) Brief facts giving rise to laying of Motor Accident Claim and the appeal are that on 12/2/2003 the deceased namely Aijaz Ahmad Mir was travelling in a Police Gypsy bearing registration No. 4026-JK02Q belonging to appellants alongwith other police officials including Dy.SP DAR Awantipora and while proceeding towards Pampore and reaching near Konibal Bus Stop Pampore, the said gypsy was hit by a land mine blast pre planned by the anti social elements to kill the police personnel which resulted into death of the deceased namely Aijaz Ahmad Mir on spot, other police personnel were injured and said Gypsy was totally damaged. In this connection an FIR was lodged at Police Station Pampore.

(3.) Since the said occurrence involved the use of motor vehicle so the parents of the deceased filed a claim petition before MACT Pulwama to seek compensation under Motor Vehicles Act against the appellants. The claimants ( herein respondents) claimed compensation for the death of the deceased on the grounds that the deceased at the time of accident was a young healthy and hard working person at the age of 27 years. The deceased was working as SPO in Police Department and was receiving monthly salary of Rs.3300.00 and that the deceased was only bread earner of his family who was dependable on the earnings of the deceased. In view of good health and hard worker, the claimants were expecting that the deceased would have earned upto the age of 70 years, as such, the claimants are deprived from the future earning of the deceased. They claimed conpensation of Rs.10,50,000.00 under various heads.