NATIONAL INSURANCE CO LTD Vs. BASHIR AHMAD GOJRI

JUDGEMENT

(1.) This appeal is against the award of Motor Accidents Claims Tribunal, Srinagar passed on 7.3.89 in Claim Case No. 160 of 1985 on the file of the Tribunal, whereunder the claimants three brothers and two sisters of deceased Abdul Rashid Parra have been awarded compensation of Rs. 2,65,000, with 12 per cent interest from the date of filing of the claim petition till realisation of the amount with costs. The amount of compensation to be shared between brothers and sisters is in the ratio of brother getting two shares and sister one share.

(2.) The necessary facts which require to be taken note of for purpose of this appeal, are that, one Abdul Rashid Parra, brother of petitioners, was coming towards the Tourist Reception Centre on a bike on 18.10.1984, when at the crossing on the main road on the Golf Ground side, he was hit by vehicle bearing registration mark and No. JKC 3910 bus plied and driven by respondent No. 1 negligently. The driver ignored the traffic signal of the police constable and hit Abdul Rashid Parra. He received fatal injuries. He was rushed to hospital but died en route after succumbing to the sustained injuries. A case was registered by the Police Station, Kothibagh against respondent No. 1, accused driver for causing death of the victim by negligent/rash driving, diarised as F.I.R. No. 595 of 1985 under sections 304-A and 427, R.P.C. The investigations culminated in filing charge report against the accused in the Court of Chief Judicial Magistrate, Srinagar. Respondent No. 2 is the owner of the vehicle, whereas respondent No. 3, the appellant before this court, provided insurance cover to the vehicle against the accident.

(3.) The deceased Abdul Rashid Parra was 26 years of age at the time of the accident. He was unmarried and is survived by three brothers and two sisters, the petitioners. In the petition compensation of Rs. 9,60,000 was claimed on the grounds that the deceased a young man of 26 years with robust health and sound physique would have lived expectedly for 90 years. The deceased a tailor by profession was also dealing in the cloth business. His monthly income was in the range of Rs. 1,500 to Rs. 2,000. The petitioners have been deprived of the earnings of the deceased for nearly 64 years. The petitioners received shock, pain and suffering due to the death of the deceased. They have spent huge amount(s) on the funeral of the deceased. The deceased was earning member of the family and his death has put the petitioners in a miserable condition.