COMMISSIONER/SECY Vs. KHATI

JUDGEMENT

(1.) THIS appeal is directed against the order passed by Motor Accidents Claims Tribunal, Srinagar (for short the Tribunal) Srinagar on 15.3.2003 in a claim petition No. 79/2000 titled Mst. Khati & Ors. v. State of J&K & Ors. The matter arises out of an accident which took place on 29.4.2000 at Jammu -Srinagar National High -way, Official Ambassador car No. 0468/JK0IC belonging to respondent Chairman J&K State Consumer Protection Forum was coming from Jammu to Srinagar on the eve of annual Darbar -move. The driver of the vehicle was in the employment of the forum. One Bashir Ahmed Kumar who was class IV employee of the High Court of J&K was also travelling in it. When the vehicle reached near Maghar Kot Panthal National High Way it fell into a deep gorge resulting in the death of both said Bashir Ahmad Kumar as well as the driver of the vehicle.

(2.) THE legal heirs who are the brothers and sisters of deceased Bashir Ahmed Kumar filed a claim petition before the Tribunal on 3.8.2000 claiming compensation for the death of their brother Bashir Ahmed Kumar. It was alleged by them that the accident took place due to the rash and negligent driving of the driver and that the deceased was at the time of accident of 22 years of age and had further 36 years of service career and that he was drawing more than 4000/ - rupees as pay per month which would have increased in due course of time. The legal heirs claimed loss of future earnings and dependency and also compensation on account of shock and pain, funeral expenses and the amount spent by them at the place of accident for fishing out the dead body of the deceased from the Nallah which was recovered after 45 days of the accident from water at Jotipora.

(3.) APPELLANT (resspondent before the Tribunal) did not appear before the Tribunal despite service. Respondent Chairman J&K State Consumer Protection Forum, however, contested the claim. On the pleadings of the parties the following issues were framed by the Tribunal in the case on 14.5.2002: - 1. Whether on 29.4.2000 the driver of respondent No. 3 was driving an Ambassador Car bearing registration No. JK01C/0468 rashly and negligently and the said vehicle rammed near about 400 into a Nallah near Maghar Kot Panthal which resulted into the death of one Bashir Ahmad Kumar who was travelling in the said Car? OPP 2. In case issue No. 1 is proved in affirmative to what amount of compensation are the petitioners entitled to, from whom and in what proportion? OPP 3. Whether the deceased had boarded the offending vehicle on his own without seeking permission to do so from the answering respondent No. 3 and as such the respondent No. 3 is not liable to pay any compensation to the petitioners OPR -3