NEW INDIA ASSURANCE CO LTD Vs. SUGHRA BIBI

JUDGEMENT

(1.) THIS Letters Patent appeal is directed against judgment dated 29. 12. 2000 in C. I. M. A. No. 117 of 1996, whereby while dismissing the appeal of appellant, learned single Judge has upheld the award dated 9. 3. 1996 of the Motor accidents Claims Tribunal, Jammu.

(2.) FACTS leading to the filing of this letters Patent Appeal may be summarised thus: one Noor Hussain was loading milk in cans on the rooftop of a bus bearing registration No. JK 02-A 4817 when driver of the bus, without taking requisite care and caution, drove it rashly and negligently, which resulted in the instantaneous death of said Noor Hussain because of electrocution with overhead electric wires.

(3.) SUGHRA Bibi, widow of the deceased; rubla aged 4 years; Tariq Hussain aged 21/2 years and Sadiq Hussain aged 1 year, filed a claim petition which came to be registered as file No. 125/claims.