UNITED INDIA INSURANCE CO LTD Vs. JAGJIT SINGH

JUDGEMENT

(1.) UNITED Insurance Company Limited has come up in appeal to this Court against award dated 27.9.2001 of Motor Accidents Claims Tribunal, Bhaderwah, whereby an award for an amount of Rs.3,70,000/ - (Rupees three lakh seventy thousand) has been awarded in favour of Khair -Ud -Din, his wife and daughter, holding the appellant liable to satisfy the award for and on behalf of respondent No.1, the owner of bus bearing registration No. JKP 8295.

(2.) THE facts giving rise to this appeal may be stated thus: Khair -Ud -Din, S/o Sikander Tantary, R/o Village Bhalla Tehsil Bhaderwah, aged 56 years, had filed a Claim Petition before Motor Accidents Claims Tribunal, Jammu on 08.10.1986 with the allegations that Mohd Rafiq, his son, was travelling on his Motor Cycle to Doda when just near his home town at Bhalla, he was hit by bus bearing No. JKP 8295 coming from the opposite direction in a high speed, which was being driven rashly and negligently by its driver.

(3.) THE parties were put to following issues: -