UNION OF INDIA AND ANR. Vs. KH. SHAZIA

JUDGEMENT

(1.) Ms Khan Shazia - respondent herein, a Class 12th student, was seriously injured when Maruti Car bearing Registration No. JK03-1029, in which she was travelling from Vessu to Qazigund, was hit by a speeding Army vehicle at Damjan N.H.I.A. The injuries have left her disabled for rest of her life. Sometime after the tragic accident, respondent approached Motor Accident Claims Tribunal, Anantnag, with a Claim Petition under Sec. 166, Motor Vehicles Act. She, on grounds urged in claim petition, demanded compensation of Rs. 50.00 Lacs from Union of India and its functionaries -appellants herein. Appellants opposed claim petition on grounds set out in their written statement.

(2.) Tribunal, on perusal of pleadings, settled following issues :

(3.) Parties were given opportunity to adduce evidence in support of their stand. Respondent examined a number of witnesses to substantiate her claim. Appellants felt contented with statement of Investigating Officer of case FIR registered at local police station after accident.