STATE OF J&K Vs. KHURSHEED BEGUM

JUDGEMENT

(1.) ADMIT .

(2.) HEARD on merits, since the lady has been deprived of the compensation for the last many years.

(3.) BRIEFLY , the evening of 21 -3 -1988, the deceased was coming towards his house. He was crushed to death by Truck No. 9251 -JKQ driven by Driver Kartar Singh. owned by Mechanical Division, Rajouri. It was carrying departmental pipes and was on way from Jammu to Rajouri and the accident took place at Kalakote near the temple and it is alleged that it was on account of rash and negligent driving by Driver Kartar Singh. Deceased Mohd Aslam was Foreman In Thermal Power Project. He was the sole bread earner of the family who, left behind Smt. Khursheed Begum (Widow), Ms. Ruksana Akhter (Daughter) and Mohd. Ashaq (Son). The deceased was drawing Rs. 1,700/ - per month at this time. Respondent has admitted factum of this vehicle being involved in this accident, but has denied that it took place due to rash and negligent driving. Claim for compensation to the extent preferred by the claimants has been disputed. Oriental Insurance Company Ltd. has also filed objections and has also denied the accident for want of knowledge, but admitted that the vehicle was insured with it with the limited liability and that the Driver had been acquitted by the Court as occurrence was not proved. Accident compensation claimed has already been deposited. Consequently, on the pleadings of the parties, the Tribunal framed the following issues: