NEW INDIA ASSURANCE CO LTD Vs. FARIDA BEGUM

JUDGEMENT

(1.) THIS Letters Patent Appeal is directed against judgment dated 21.11.2002 of learned Single Judge in CIMA No. 259/2002, whereby while dismissing the appeal of New India Assurance Company Limited, the learned Single Judge, upheld the award dated 23.10.2001 of Motor Accidents Claims Tribunal, Bhaderwah.

(2.) THE facts giving rise to this appeal may be summarized thus. S/Sh. Irshad Ahmed and Nissar Ahmed, were travelling in a mini load carrier bearing registration No. JKS -4851, when it rolled down river Chenab causing instantaneous death of the persons named above.

(3.) FARIDA Begum, the widow and Asaf Irshad minor son of the deceased, filed Claim Petition No. 32/MACT before Motor Accidents Claims Tribunal, Bhaderwah.