ALI MOHAMMAD DAR Vs. PREM SINGH

JUDGEMENT

(1.) This appeal, filed under Sec. 173 of the Motor Vehicles Act, 1988, is directed against the Award dated 15th of July, 2023 passed by the learned Motor Accident Claims Tribunal, Anantnag (hereinafter referred to as "the Tribunal") in the Claim Petition filed by the Petitioners herein, thereby holding the Respondent No.1 (registered owner) and Respondent No.2 (attorney of Respondent No.1) jointly and severally liable for compensation to the tune of Rs.7,08,000.00, along with interest @ 6% per annum, from the date of filing of the Claim Petition, i.e., 9th of April, 2008, already awarded by the Tribunal vide Order/ Award dated 9th of June, 2014.

(2.) The Appellants, while claiming to be the legal heirs of one deceased Gh. Mohi-ud-Din Dar, who is stated to have expired on account of a Road Traffic Accident (RTA) on 6th of May, 2007 after being hit by a speeding Maruti Car bearing registration No. DL5CA-2117 at Qaimoh, Tehsil and District Kulgam owned by Respondent No.1 herein and with reference to which FIR No. 98/2007 was registered at Police Station, Kulgam for the commission of offences punishable under Ss. 279, 304-A, 379 and 109 of the erstwhile Ranbir Penal Code (RPC), filed a Claim Petition before the Tribunal.

(3.) The said Claim Petition was disposed of by the Tribunal vide Award dated 9th of June, 2014, holding the Petitioners entitled to an amount of Rs.7,08,000.00, including interim relief, whereas, the Respondent No.3- New India Assurance Company Limited, Srinagar was saddled with the liability to pay the compensation to the Petitioners by depositing the amount within two months before the Tribunal, along with interest @ 6% per annum from the date of filing of the Claim Petition, i.e., 9th of April, 2008, till the amount is deposited.