HAJA Vs. ROZI

JUDGEMENT

(1.) These appeals have been preferred against the judgment and order dated 12.08.2009 passed by the Motor Accidents Claims Tribunal, Srinagar, (hereafter, the Tribunal) awarding a total compensation of Rs.12,22,856 with 6% interest thereon from the date of institution of the claim petition till its final realization in favour of the claimants (respondents 1 to 5 in CIMA no.183 and respondents 3 to 7 in CIMA no.195/2009 herein) and against respondents 1 and 2 in the two appeals, to be paid by the Insurance Company with liberty to recover the same from respondents 1 and 2, i.e., the insured and the driver.

(2.) The brief facts of the case are that on 21.8.2003, the deceased, Mehraj-ud- Din Gabroo was traveling in an Auto load carrier owned by the husband of respondent no.1 herein and driven by respondent no.2, as a gratuitous passenger. Due to rash and negligent driving of respondent no.2, the load carrier turned turtle at Barthana and Mehraj-ud-Din sustained serious injuries to which he later succumbed in SKIMS, Soura, Srinagar on 30.08.2003. The claim petition was filed on behalf of widow of the deceased, her two minor children and parents of the deceased.

(3.) Both, the owner and driver of the load carrier as well as the Insurance Company contested the claim petition. The Tribunal framed the following four issues in the case: