LAWS(J&K)-2008-4-59

NATIONAL INSURANCE CO. LTD. Vs. MANZOOR AHMAD BHAT

Decided On April 24, 2008
NATIONAL INSURANCE CO LTD Appellant
V/S
Manzoor Ahmad Bhat Respondents

JUDGEMENT

(1.) By the medium of this appeal appellant-insurer has questioned the award dated 01.08,2006 passed by Motor Accident Claims Tribunal, Srinagar, whereby and where under the claim petition of claimants, Manzoor Ahmad Bhat & Mst. Dilshada, came to be allowed and Rs.2,40,000/- came to be awarded as compensation.

(2.) One, Imtiyaz Ahmad Bhat aged 19 years was hit by a vehicle Tata Sumo Mini Bus bearing registration No.JK01B/1527 at Kadalbal, Pampore on 19th August, 2000, which was being driven rashly and negligently by its driver, Mohammad Yousuf Mir- respondent No.6, who sustained injuries and succumbed to injuries on spot.

(3.) Claimants-Parents of the deceased filed claim petition and claimed compensation to the tune of Rs.25,13,000/- as per the break up given in the claimpetition. Driver and owners- respondents 3 to 6 have not appeared before the learned Tribunal and were set-exparte. Insurer-appellant contested the claim petition and following issues came to be framed: