STATE OF J&K Vs. JALI

JUDGEMENT

(1.) THIS Civil First Appeal is directed against the judgment/award dated 1st June, 2005 passed by Motor Accident Claims Tribunal, Pulwama, in a claim petition titled Mst. Jali & Ors. Vs. State and others, which shall be hereinafter referred to as impugned award.

(2.) CLAIMANTS -respondents filed a claim petition before Motor Accident Claims Tribunal, Pulwama, on 9th May, 2001 for grant of compensation on the grounds that deceased Mohammad Ashraf Kumar, was an employee in the office of appellants -non -applicants and was working in the office of the Executive Engineer, Mechanical Division, Srinagar, as Helper Deceased was holding a driving licence and came to be directed to drive vehicle bearing registration No. BL -B Model BEHL vide order dated 18th December, 1997 as averred in the claim petition and met with an accident on 22nd September, 1998 while performing his duties, at Pahlipora road. Deceased in order to save his life jumped out of the vehicle but he sustained injuries and succumbed to injuries. Further, it is averred in the claim petition that deceased was 35 years of age at the time of accident and was drawing salary of Rs. 3,383/ -. Deceased left behind widow, children and parents i.e. claimants -respondents.

(3.) RESPONDENTS filed written statement/objections and following issues came to be framed: