NATIONAL INSURANCE CO LTD Vs. MOHD MAQBOOL KHATANA

JUDGEMENT

(1.) Abdul Majid Khatana, a young boy of 14/15 years, lost his life in vehicular accident involving vehicle bearing registration No. JK 01-2247 at Madin Sahib, Hawal Chowk. His parents laid a claim petition under section 166. Motor Vehicles Act before Motor Accidents Claims Tribunal, Srinagar. They pleaded that the offending vehicle was being driven rashly and negligently by its driver when it hit their son riding a bicycle. It was averred that the accident had led to registration of case F.I.R. No. 50 of 2005 under sections 279, 304-A at Police Station Lal Bazar, Srinagar.

(2.) The owner and driver of offending vehicle, though duly served, did not come forward to oppose the claim petition.

(3.) The Tribunal on going through the pleadings framed following issues: