MOHAMMAD ABBAS WANI Vs. SHARIFA

JUDGEMENT

(1.) Challenge in this Appeal is thrown to Award dated 11 th July 2015, passed by Motor Accident Claims Tribunal, Anantnag, in a claim petition, bearing Claim No.78/2008 titled Sharifa and others v. Shabir Ahmad Bhat and others, on the grounds made mention of therein.

(2.) A claim petition, as is apparent from perusal of the file, was filed by claimants - respondents 1 to 4 herein before the Tribunal on 18 th December 2008. In claim petition, claimants/respondents 1 to 4 stated that on 30/9/2008, the deceased, Bashir Ahmad Wagay, was busy in distributing the milk and other associated items including packed milk to shopkeepers of alongside road. It was also stated in the claim petition that deceased boarded at Anantnag in offending vehicle (TATA 407), bearing registration no.JK03-888, and kept the luggage at roof top of offending vehicle, and on reaching at Hiller Arhama, deceased asked driver to stop the vehicle as he had to pull down luggage/milk items. The driver, after stopping the vehicle, told deceased to pull down the luggage but without waiting the deceased, the driver started driving which resulted fall of deceased from roof top of the vehicle. It was also pleaded in claim petition that deceased sustained injuries on the body, particularly the head. The deceased was taken to hospital at Kokernag, wherefrom he was referred to SKIMS, Srinagar, where he succumbed to injuries on 2/10/2008. According to claimants, the accident occurred because of rash and negligent act of driver of offending vehicle. The claimants, on the basis of claim put up before the Tribunal, sought compensation in the amount of Rs.39.90 Lakhs.

(3.) Opposite side, before the Tribunal, filed their objections resisting the claim petition.