NEW INDIA ASSURANCE CO. LTD Vs. MUKHTAR BEGUM

JUDGEMENT

(1.) All these four appeals with the respective cross objections are taken up together for common disposal as they arise from the same Award impugned therein.

(2.) Impugned in the appeals is the Award dtd. 31/1/2020 passed by the learned Presiding Officer, Motor Accident Claims Tribunal, Rajouri (Court of Additional District Judge) (hereinafter referred to as the 'MACT', for short) in common while disposing of four claim petitions filed by the respondents/claimants and whereby the learned MACT awarded compensation in all the four cases in favour of the respondents/claimants.

(3.) Before proceeding ahead, it is felt appropriate to give a brief resume of the facts of the case, relevant for disposal of the instant appeals:- A Vehicle (Celerio Car) bearing registration No. JK11B-4300 driven by one Mehmood Ahmed S/o Jaffar Ali R/o Ghambir Mughlan Tehsil Manjakote, District Rajouri from Jammu to Rajouri, upon reaching at Narian near Hotel Haveli, met with an accident as a result of rash and negligent driving by its driver, rolled down into the river resulting into the on spot death of all the eight persons boarded in the same including the driver. No claim petition was filed for compensation in respect of the deaths of three minors and also in respect of the insured, owner/driver of the vehicle, who too died on spot in the accident. The claim petitions came to be filed for compensation in respect of the deaths caused to (1) Mohd. Aziz S/o Jaffar Ali (2) Akhter Begum D/o Jaffar Ali (3) Jamila Mughal D/o Mohd. Iqbal W/o Mehmood Ahmed and (4) Mohd. Waqar Iqbal S/o Mohd. Iqbal. An FIR bearing no. 377/2017 for offences under Ss. 279, 337, 304-A RPC came to be registered in respect of the incident with the Police Station, Rajouri.