SARVANT KOCHAK Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) This judgment will dispose of two appeals directed against an award passed by Motor Accidents Claims Tribunal, Pulwama ('the Tribunal') in a Claim Petition No. 28 of 2000 titled Sarvat Kochak v. Manzoor Ahmad Khandey on 19.11.2003.

(2.) The matter relates to a road accident which took place on 6.11.1999 near village Chersoo situated on Srinagar-Jammu National Highway. One Dr. Arshad Mirza aged about 27 years was travelling along with his relatives to Anantnag in his own Maruti car. When he reached near Chersoo he met with an accident which took place due to dashing of one truck bearing the registration No. JK-03 1915 with the said Maruti car. The truck was being driven by Manzoor Ahmad Khandey s/o Abdul Rehman Khandey r/o Khandeypora, Pulwama and it is alleged that he was driving the vehicle at the time of accident rashly and negligently due to which the accident took place. Said Dr. Arshad Mirza along with other passengers of the car got critically injured resulting in the instant death of Dr. Arshad Mirza.

(3.) Sarvat Kochak and Dr. Gh. Rasool Mirza who are the parents of deceased Dr. Arshad Mirza filed a claim petition before the Claims Tribunal stating therein that the deceased was of 27 years of age and had completed his MBBS degree including the house job and internship and he was their only son. Learned Tribunal framed the following issues in the case: