NATIONAL INSURANCE CO. LTD. Vs. KIRAN SHARMA

JUDGEMENT

(1.) This is an appeal in a Motor Accident Claim case.

(2.) Heard. I have perused the record.

(3.) On 12. 8 .2002, deceased-Rashpal Dass Sharma had boarded a Maruti Car bearing registration No. JK01D- 6116. Late Vinod Kumar Bamba was driving the car. It was raining very heavily and a nallah near the cremation ground, Toph Sher Khanian, Jammu was over flowing with rainwater. Driver of the car tried to cross the over flowing nallah, the car got stuck in water in middle of the nallah and both the occupants, that is, deceased-Rashpal Dass Sharma and the driver died in the result. Dead body of the deceased was recovered from Toph Sher Khanian 'Pully', Shakti Nagar on 14.08.2002.