NATIONAL INSURANCE CO LTD Vs. AB RASHID MALIK

JUDGEMENT

(1.) THIS appeal filed by National Insurance Company U/s 173 of Motor Vehicles Act, is directed against the award dated 08.05.2003 passed by the Motor Accident Claims Tribunal, Srinagar in claim petition No. 56/claim of 1999 titled Abdul Rashid Malik and others v. Abdul Rehman Sofi and others.

(2.) A claim petition came to be filed before Motor Accident Claims Tribunal at Srinagar by Abdul Rashid Malik and others for untimely death of one minor Azra Jan in road traffic accident which took place on 29.01.1999. It is alleged that on that date one Gulam Mohi -ud -din was plying a passenger bus No. JKE -4366 rashly and negligently and was going towards Srinagar at Baramulla -Srinagar National Highway. At Lawaypora it hit an Auto rickshaw in which minor Azra Jan alongwith her mother namely Gulshan Akhter was going towards Narabal. Due to the accident both daughter and mother sustained serious injuries to which the said minor succumbed later.

(3.) THE Tribunal framed as many as six issues in the case which were as under: 1. Whether the accident has taken place on 29.01.1999, at Lawaypora, due to the rash and negligent driving of respondent No. 2 while driving the offending vehicle No. 4366/JKE, resulting in the death of the deceased Azra Jan? O.P.P. 2. In case issue No. 1 is proved in the affirmative, to what amount of compensation are the petitioners entitled to, from whom and in what proportion? O.P.P. 3. Whether the driver of the offending vehicle was not holding a valid D/L at the time of alleged accident? O.P.R -3.