JAMAL DIN Vs. NEW INDIA ASSURANCE CO. LTD

JUDGEMENT

(1.) Since a common question of law in both the above titled appeals arises from the two awards dtd. 29/12/2016 passed by a common judgment by Motor Accidents Claims Tribunal, Ramban (for short the Tribunal) in two separate claim petitions filed by the appellants/claimants, the same are proposed to be disposed of by this common judgment.

(2.) In a vehicular accident involving the offending vehicle bearing registration No. JK19-0772 at Karol Ramban while on its way from Jammu to Gool on 19/10/2011 at 12.30 PM due to alleged rash and negligent driving of its driver, as a result of which two passengers Zeba Begum and Shahmal Begum got seriously injured and died. The legal heirs of both the deceased filed two separate claim petitions seeking compensation for the death of the deceased in terms of the Motor Vehicle Act.

(3.) The Tribunal after full dressed trial of both the claim petitions decided both the petitions vide judgment/award dtd. 29/12/2016 ( hereinafter called "the impugned award") whereby in case titled "Jamal Din and Ors vs New India Assurance Company Limited and Ors.", an amount of Rs.1,85,000.00 was granted as per following details: