NATIONAL INSURANCE CO. LTD Vs. MST. SAJA

JUDGEMENT

(1.) IN terms of note of the Registry Mr. B.A. Zargar, Advocate, caused appearance on behalf of respondent No. 3 and Mir Muneer Ahmad Bhat, Advocate, caused appearance on behalf of respondent No. 4, but there is no representation on their behalf, as such, are set exparte.

(2.) CHALLENGE in this appeal is to the award/judgment dated 23rd of August, 2007 passed by Motor Accident Claims Tribunal, Anantnag in claim petition No. 18 titled Mst. Saja and Anr. v. Nissar Ahmad Dar and Ors. for short the impugned award.

(3.) IT is averred in the claim petition that respondent -Nisar Ahmad -driver has driven the vehicle bearing registration No. JK03/911 rashly and negligently at Malapora National Highway on 26th of April, 2003 and hit the deceased, namely, Ghulam Mohammad Malik who sustained injuries and succumbed to injuries. Deceased was 50 years of age and was contractor by profession and in addition to was having Orchards, agricultural land and also was running a rice husking mill as owner. Further they have stated that Saja has lost her matrimonial life and Khalida has lost love and affection of her father, and thereby have been deprived of loss of dependency, hope and help. Driver and owner have not chosen to appear despite service and were set exparte. Appellant -insurer appeared and resisted the petitioner. Following issues came to be framed: 1. Whether on 22.4.2003, deceased while waiting for bus at village Malapora National Highway was hit by Truck bearing registration No. 911 -JK03, and succumbed to injuries sustained in the accident? OPP 2. Whether accident occurred due to rash and negligent driving of the vehicle by Nisar Ahmad Dar driver? OPP 3. If issues No. l and 2 are proved in affirmative to what amount of compensation is the petitioners entitled to? OPP 4. Whether driver was not having valid driving licence at the time of accident? OPR -3