NATIONAL INSURANCE CO. LTD Vs. TSERING NORBU

JUDGEMENT

(1.) Taking note of the absence of respondents 2 and 3, they are set ex parte. This appeal calls in question Judgment and Award dated 31st May, 2012, for short as 'impugned Award' passed by Motor Accidents Claims Tribunal, Leh, for short as 'Tribunal' in a claim petition titled Tsering Norbu v. National Insurance Company, Leh and others.

(2.) Claimant-respondent 1 had filed a claim petition before the Tribunal, being the victim of vehicular accident for awarding compensation, in his favour, on the ground that because of the rash and negligent driving of respondent No. 2, driver of the offending vehicle (Bus) bearing registration No. JK01-7696, on 10.10.2009, one Tsewarg Dolma died. The deceased was 28 years of age, at the time of accident. She was earning Rs. 30,000/- per month from knitting work. The claimant, respondent was dependent upon the deceased and he is not in a position to make his both ends meet in these hard days. The compensation, to the tune of Rs. 70,00,000/- (Seventy lacs), as per the breaks up given in paragraph 12 of the claim petition, was sought for.

(3.) Respondents in the claim petition appeared and contested the claim petition. The court after considering material on record framed following issues for determination:-