ZARIFA BANOO Vs. MANZOOR AHMAD SHEERGUJRI

JUDGEMENT

(1.) Both the above titled Appeals, filed in terms of Sec. 173 of the Motor Vehicles Act, 1988 (for short 'the M V Act'), against the common Award passed by the Motor Accident Claims Tribunal, Srinagar (for short 'the Tribunal') in MACP No. 855/2018 titled 'Zarifa Bano and Ors. v. Manzoor Ahmad Sharegujri and Ors.' and MACP No. 856/2018 titled 'Dr. Asiya Yaqoob Beigh v. Manzoor Ahmad Sharegujri and Ors.' vide Judgment dated 18th of June, 2022, having common questions of facts and law, are proposed to be decided by this common Judgment.

(2.) One Shabir Ahmad Wani and his father, Ghulam Hassan Wani, Residents of Hiller, Arhama, Kokernag, District Anantnag, received fatal injuries in a Road Traffic Accident, while travelling in their vehicle bearing No. JK03A/5797 (Alto Car) on 14th of August, 2009 driven by Shabir Ahmad Wani, when it was hit by vehicle No. JK02V/1090 (Bolero) at Barsoo on the Jammu-Srinagar National Highway, within the jurisdiction of Police Station, Awantipora, and succumbed to the said injuries in the Hospital. A case was registered vide FIR No. 13/2009 for the commission of offences punishable under Ss. 279, 304-A and 427 RPC at Police Station, Awantipora. During investigation, it was found that the accident had taken place due to the rash and negligent driving of the driver of the offending vehicle bearing No. JK02V/1090 (Bolero).

(3.) The deceased-Shabir Ahmad Wani, aged 38 years, was a KAS Officer and, on the date of his death, was working as Functional Manager in the Department of Commerce at District Industries Centre, Srinagar with a monthly salary of Rs.32,218.00, whereas the second deceased, namely, Ghulam Hassan Wani, aged 57 years, was running a medical shop under the name and style of 'Wani Medical Store' and it was claimed that he was having a monthly income of Rs.15,000.00.