ORIENTAL INSURANCE CO. LTD Vs. MUSHTAQ AHMAD

JUDGEMENT

(1.) THESE Civil 1st Miscellaneous Appeals preferred by the Insurance Company arise out of an award dated 31 -1 -2002 passed by the Motor Accidents Claims Tribunal, Ramban in favour of respondents No. 1 to 6, herein, who were the claimants before the Tribunal. Mehboob Ahmed and his wife Mst. Shakila Begum were traveling in Bus No. JK02 5355 which met with an accident on 5 -6 -2000 at Maruti, Tehsil Gandoh. Both of them sustained serious injuries and died as a result of the accident. The deceased, predecessor in interest of the claimants was 45 years of age and their mother was 40 years of age. Both of them were working as Safiawalas in Ramban Hospital. Deceased Mehboob Ahmed was earning Rs. 5000/ - PM whereas Shakila Begum was earning Rs. 4000/ - PM.

(2.) THE Insurance Company, present appellant on being served before the Tribunal resisted the claim on variety of grounds:

(3.) THE claimant examined three witnesses Mushtaq Ahmed. Hamid Khan, Bahar Din, whereas no evidence was led by the respondents in the claim petition including the appellant herein. The trial of the petitions culminated into passing of the impugned award where -under an amount of Rs. 2,40,000/ - on account of death of Mst. Shakila Begum, whereas Rs. 4,16,000/ - and funeral expenses were awarded on account of death of Mehboob Ahmed. Both the claims were allowed with interest at the rate of 9% p.a. from the date of the petition. The share of the minor was directed to be deposited in their name till they attain the majority.