DHEERAJSINGH Vs. HAJRA

JUDGEMENT

(1.) This appeal is directed against the award passed by the Motor Accidents Claims Tribunal, Baramulla (for short 'the Tribunal') in the Claim Petition No. 50 of 1986 titled Hajra v. Dheeraj Singh.

(2.) The legal heirs (widow and children) of one Abdul Majid Lone filed a claim petition before Motor Accidents Claims Tribunal, Srinagar on 22/5/1986 alleging therein that on 18/2/1986 the said Abdul Majid Lone while travelling from Sopore to Panzalla had a fall from a vehicle, bus No. JKC 5521 which was being driven by Dheeraj Singh. The occurrence allegedly took place due to rash and negligent driving of the driver/owner due to which said Abdul Majid Lone died on spot. It was alleged by the said legal heirs that the deceased at the time of his death was earning Rs. 1,500 p.m. and was the main source of income and sustenance for them having the expectancy of surviving up to 100 years. The legal heirs, therefore, claimed the compensation of Rs. 5,00,000 from the driver/owner of the vehicle and also from United India Insurance Co. Ltd., Srinagar.

(3.) During the proceedings of the case a separate Motor Accidents Claims Tribunal was created at Baramulla and since the matter fell within the territorial jurisdiction of that Tribunal the case was transferred to that Claims Tribunal in terms of order dated 8/6/1988. The Tribunal on 27/4/1988 framed the following issues in the case: