MANAGING DIRECTOR Vs. FATIMA BEGUM

JUDGEMENT

(1.) AGGRIEVED by the judgment of the Motor Accidents Claims Tribunal, Jammu dated 20. 11. 1981 the appellants filed the present appeal in this court on 95th day from the date of the award. It is submitted that, the Tribunal has not properly appreciated the evidence led by the parties. It is alleged that there was no evidence on the record to prove that the driver was plying the vehicle rashly and negligently. It is further alleged that there being no evidence regarding the annual income of the deceased Abdul Aziz, the Tribunal was not justified in passing the award impugned in this appeal.

(2.) THIS appeal was admitted for hearing before the Full Bench subject to just exceptions about limitation by a Division Bench of this court on 3. 3. 1982. It was submitted that the law laid down in Union of India Vs. Manzoor Ali reported in 1982 KLJ 78 being in conflict with the judgment of Supreme Court reported in AIR 1977 SC 523 was not good law & required reconsideration. The Division Bench vide the order of reference found that the argument of the learned counsel for the appellant to the effect that aforesaid judgment of the Division Bench requiring reconsideration, was debatable which required consideration by a Full Bench.

(3.) WE have heard the learned counsel for the parties have also perused the written submissions filed by them