LAWS(J&K)-2008-9-22

NATIONAL INSURANCE CO LTD Vs. AB MAJID BHAT

Decided On September 03, 2008
NATIONAL INSURANCE CO LTD Appellant
V/S
Ab Majid Bhat Respondents

JUDGEMENT

(1.) THIS appeal is directed against the award/judgment dated 6th of November, 2006 passed by Motor Accident Claims Tribunal, Srinagar, in claim petition titled Abdul Majid Bhat and others Vs. Abdul Rashid Dar and others, whereby and whereunder compensation to the tune of Rs. 13,95,000/ - came to be granted in favour of the claimants and appellant -insurer came to be saddled with the liability.

(2.) CLAIMANTS have averred in claim petition that Manzoor Ahmad Bhat, son of claimants 1 and 5, husband of claimant No.2 and father of claimants 3 and 4 became the victim of a vehicular accident which was caused by driver, namely, Shahnawaz Ahmad Bhat while driving taxi bearing registration No.JK01A/4216 on 10th of August, l999 at Sangam, National Highway Srinagar. Claimants have claimed compensation of Rs. 20 lacs as per the break -up given in the claim petition.

(3.) INSURER -appellant filed written statement but respondents 1, 2 and 4 were set exparte. Following issues came to be framed: