(1.) THE core question involved in this appeal is whether accident was the outcome of contributory negligence or outcome of negligence of driver, respondent No. 3? The adequacy of compensation is also questioned.
(2.) THE claimants filed a claim petition claiming compensation on the ground that mohammad Shafi Chachi, aged 36 years was travelling as a labourer in a goods vehicle on 13. 5. 2004 who sustained head injury and succumbed to the injuries due to rash and negligent driving by the respondent No. 3. The deceased was earning rs. 15,000 per month. Claimants claimed compensation to the tune of Rs. 20,00,000. Driver and owner were set ex parte. Insurer appellant contested the claim petition and following issues came to be framed:
(3.) ALL the witnesses examined by the claimants have deposed that deceased was travelling in the offending vehicle as a labourer and driver has driven the vehicle rashly and negligently at Jammu-Srinagar national Highway near Jawahar Tunnel. The deceased sustained injuries and succumbed to the injuries. Thus, issue No. 1 came to be rightly decided by the Tribunal.