NATIONAL INSURANCE COMPANY Vs. ABDUL QAYOOM DAR

JUDGEMENT

(1.) THESE appeals are outcome of an award passed by learned Presiding officer, Motor Accident Claims Tribunal, Srinagar in the claim petitioner titled as Abdul Qayoom Dar and Ors. v. National Insurance Co. and Ors., Safiya and Ors. v. National Insurance Co. and Ors., Mst. Raja Begum and Ors. v. National Insurance Co. and Ors., Mst. Jawa and Ors. v. National Insurance Co. and Ors., Mohammad Ayub Bhat v. Mohammad Aslam Khan and Ors. dated 29th November 2003, hereinafter, shall be referred as impugned award.

(2.) THE appellants have assailed the impugned award in all these appeals on the ground which can be aptly and precisely summarized as under: That the claimants/respondents have failed to prove that driver has driven the offending vehicle Tata Sumo bearing registration No. 2166/JK04 rashly and negligently. That multiplier has been applied wrongly in all the claim petitions. The age of the petitioners/claimants should have been taken into consideration and not the age of the deceased while applying the multiplier in order to assess the compensation. The compensation has been awarded on higher side. The appellant has sought permission in terms of Section 170 of Motor Vehicles Act for defending the case on the grounds which are available to the driver and owner.

(3.) MR . Manzoor Ali, Advocate, appearing on behalf of respondent Mohammad Aslam Khan argued that Hon'ble Division Bench of this Court has passed a judgment in an appeal, which is outcome of the same accident, in which the owner/ respondent Mohammad Aslam Khan and the appellant were parties, whereby the appellant has been held liable and accordingly saddled with the liability.