UNITED INDIA INSURANCE CO LTD Vs. JALA BANOO

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 14.11.2006 passed by Motor Accidents Claims Tribunal, Srinagar in a claim petition titled Abdul Majid Bhat v. Mohd. Yousuf Khan, file No. 17 of 2004, date of institution 16.2.2004; decided on 14.11.2006 (for short 'the impugned award'). Brief facts:

(2.) Claimants-respondent Nos.1 to 8 filed a claim petition before the learned Motor Accidents Claims Tribunal, Srinagar for grant of compensation on the ground that they are the heirs/legal representatives of Mohammad Yaqoob Bhat, who lost his life in a road accident, which was caused by driver, namely, Mohammad Yousuf Khan, respondent No. 9 while driving the offending vehicle Matador Tata 407 bearing registration No. JK 01-F 9547 rashly and negligently at Nowgam Chowk. The deceased was 30 years of age and was earning Rs. 15,000 per month. Further, it is averred in the claim petition that he was sole source of income to the claimants- respondent Nos. 1 to 8 and they have been deprived of the said income and have not only lost source of dependency but also hope and help in the old age.

(3.) The respondents have filed written statement and resisted the claim petition. Following issues came to be framed on 22.12.2004: