UNION OF INDIA Vs. ALI MOHD GANAI

JUDGEMENT

(1.) APPELLANTS have questioned the award dated 30th of September, 2006 passed by Motor Accident Claims Tribunal, Srinagar, in claim petition titled as Ali Mohammad Ganai & anr., Vs. Union of India and another, for short the impugned award, on the grounds taken in the memo of appeal. Facts:

(2.) ONE Jahangir Ahmad Ganai deceased became the victim of vehicular accident on 26.09.1995 at Chandahara Mode Srinagar - Anantnag National High Way. It is averred that said accident was caused by an army vehicle - Wanton which was being driven by its driver rashly and negligently. The said offending vehicle hit the deceased who sustained injuries and succumbed to injuries in SKIMS (Sher -i -Kashmir Institute of Medical Sciences) Soura. He was a student of P.U.C class and was lone son of the parents - claimants.

(3.) RESPONDENTS resisted the claim petition on the ground that accident was caused by any army vehicle and identity of the vehicle and driver was neither pleaded nor established. Following issues came to be framed: "1. Whether on 26.9.1995 an unknown army person while driving an Army vehicle (Wanton) rashly and negligently hit and injured one Jahangir Ahmad Gania at Chandhara Mode on National High Way who later on succumbed to the injuries on the same day? O.P.P. 2. In case Issue No.1 is proved in affirmative, to what amount of compensation are the petitioners entitled to, from whom and in what proportion? O.P.P. 3. Whether the claim petition is not maintainable and merits dismissal? O.P.R -1.