LAWS(J&K)-2009-5-5

NEW INDIA ASSURANCE CO. Vs. GH.RASOOL

Decided On May 15, 2009
NEW INDIA ASSURANCE CO. Appellant
V/S
Gh.Rasool Respondents

JUDGEMENT

(1.) TWO claim petitions came to be filed before the Motor Accidents Claims Tribunal, Doda by respondent No. 1/claimant. It was stated in the claim petitions that respondent No. 1 alongwith his two minor sons while traveling in a vehicle bearing registration No. JKS -4851 from Malhori to Pul Doda met with an accident due to rash and negligent driving by its driver in which his two minor sons died. The said vehicle was owned by respondent No. 2 and was insured with the appellant -company.

(2.) THE claim petitions were contested by the respondents before the Tribunal on the following grounds:

(3.) AT the very outset it is noted that appellant has not chosen to file an application under Section 170 of the Motor Vehicle Act to question the awards on any other grounds in addition to the grounds provided under Section 149 Clause 2 of the Act. The awards have been questioned by the appellant - company on the following grounds.