UNION OF INDIA Vs. MOHAMMAD YOUSUF BHAT

JUDGEMENT

(1.) THIS appeal is directed against award dated 20th of October, 2005 of Motor Accidents Claims Tribunal, Anantnag awarding an amount of Rs. 10, 00,000/ - as compensation in favour of the claimants along with interest @ 9% per anum.

(2.) APPELLANT -Union of India questions this award on two grounds viz:

(3.) APPELLANT -Union of India filed its reply to the claim petition saying interalia that on 13th of August 2001 at about 1500 hours, a convoy of three vehicles, one light and two medium, was dispatched from Pahalgam to Khan -nabal. Vehicle No. DBL -70461 -1/2 ton driven by head Constable -Driver, Duttatary was part of this convoy. At about 1545 hours when the convoy reached near village Akad, the driver of the vehicle noticed one duck crossing the road and in order to save the duck, the driver slowed down the vehicle and moved towards left side of the road. In the meanwhile, one scooterist driving the scooter at high speed tried to overtake the BSF vehicle from wrong side and having failed to control the scooter, hit the left side of the BSF vehicle. The accident, according to the appellant, had occurred due to rash and negligent driving of the deceased scooterist. Out of the pleadings of the parties, the Tribunal framed five issues, which read thus: