NAZIRA BEGUM Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) THE appeal on hand is for enhancement of the compensation awarded to the L. Rs. /dependants (hereinafter to be referred as 'claimants') of one abdul Qayoom, who died in a vehicular accident on 16. 6. 2002. Vide award dated 31. 3. 2004 passed by the learned Motor accidents Claims Tribunal, Doda (hereinafter to be referred as 'the Tribunal') they have been entitled to compensation to the tune of Rs. 3,28,800 along with interest at the rate of 9 per cent per annum from the date of petition till its realisation. Since the offending vehicle was insured with respondent No. 1 (hereinafter to be referred as 'the insurance company'), the liability to satisfy the award has been fastened upon the insurance company. Respondent No. 2 is the owner of the offending vehicle who despite service through publication has not put in his appearance.

(2.) I have heard Mr. M. P. Gupta, learned counsel for the appellant (s) and Mr. Baldev singh, learned counsel representing the insurance company. With their assistance i have gone through the record also.

(3.) MR. Gupta at the very outset submits that since the main claim petition was filed by Nazira Begum, widow of the deceased before the Tribunal on her behalf of other five L. Rs. /dependants of the deceased, the instant appeal is also filed in the same manner.