NATIONAL INSURANCE CO LTD Vs. GH MOHD WANI

JUDGEMENT

(1.) THIS Letters Patent Appeal (LPA No. 1557 03) is directed against the judgment passed on 30 -8 -2003 by Learned Single Judge in CIA No. 101 of 2002 titled National Insurance Company v. Ghulam Mohammad Wani and others.

(2.) SHORN of unnecessary details, the facts relevant for the disposal of this appeal are that on 4.11.1999 one Sheeraz Ahmed Wani (herein after referred to as the deceased) was walking on the road near village Tukroo, Pulwama when a Matador bearing registration No. JK 13 -1624, which was being driven by respondent Abdul Rashid Sofi rashly and negligently hit him as a result of which he received fatal injuries and succumbed to the same.

(3.) A claim petition under Motor Vehicles Act came to be filed by the parents of the deceased before Presiding Officer MACT (District Judge) Pulwama. The Tribunal framed as many as four issues in the case which were as under - 1. Whether on 04.11.1999 respondent No. 1, driver of offending vehicle No. JK 13/1624 was driving his vehicle in rash and negligent manner and at a very high speed and in the result knocked down deceased Sheeraz Ahmed Wani near Tukroo who was on correct side of road and caused his death on spot? OPP 2. In case issue no. 1 is proved in affirmative, for how much of compensation petitioners are entitled to and from whom such compensation is recoverable? OPP 3. Whether at the time of occurrence respondent No. 1 was in possession of valid driving license? OPR -1