UNITED INDIA INSURANCE CO. LTD. Vs. KERAT SINGH

JUDGEMENT

(1.) The present appeal has been preferred under Sec. 173 of the Motor Vehicles Act (hereinafter referred to as the "Act"), against the judgement and award dtd. 19/12/2018, passed by the Motor Accident Claims Tribunal, Shopian (in short, the "MACT"). Briefly stated the material facts are as under:-

(2.) A claim petition came to be filed by the respondent Nos. 1 and 2 before the MACT, Shopian on account of the death of their father-Jageer Singh in a road accident. In the claim petition, it was stated that on 6/12/2007, a mini bus bearing registration No. JK13-1581 while being plied by its driver from Shadimarg towards Tukroo rashly and negligently hit the deceased, who was walking as a pedestrian, resulting in fatal injuries to him.

(3.) It was further stated that the father of the claimants initially received injuries including fracture and was referred to Bone and Joints Hospital, Srinagar, where he succumbed to the injuries on 20/1/2008. A case under FIR No. 225/2007 for offences under Sec. 279/338 RPC and 39 and 192 of the Act was registered. In the claim petition, it was also stated that the deceased had retires as a Process Server from the Judiciary and was drawing a pension of Rs.10,000.00 per month. The following four issues were framed by the Tribunal:-