UNITED INDIA INSURANCE COMPANY LTD. Vs. HANEEFA

JUDGEMENT

(1.) Motor Accident Claims Tribunal, Srinagar (for short learned Tribunal), has, in pursuance of the award passed on 14/11/2017, directed an amount of Rs.7,75,000.00 (rupees seven lac and seventy-five thousand only) to be paid in favour of the claimants (respondent No.1 to 8 herein) with interest @6.5% per annum. The award has been passed consequent upon a petition having been filed by the claimants wherein they had claimed that one Bashir Ahmad Bhat S/o Abdul Ahad Bhat R/o Rajpora, Baramulla (hereinafter shortly referred as deceased) died as a result of vehicular accident on account of rash and negligent driving of bus (Delux Sleeper Coach) bearing registration No.JK02AH/7443. The claimant No.1-Mst. Haneefa (respondent No.1 herein) is set forth to be the widow of the deceased and claimants 2 to 8 as sons and daughter and had been dependent on the deceased.

(2.) The written statement/response was filed by the appellant insurance company and the driver and owner of the offending vehicle who have been arrayed as respondent No.9 and 10 herein. After examining the respective pleadings, the learned Tribunal had struck following issues for determination:

(3.) On behalf of claimants, witnesses, namely, Gh. Mohammad Lone and Mohammad Altaf Sheikh were examined whereas appellant insurance company examined one Sham Lal Anand, Administrative Officer. The findings were accordingly returned by the learned Tribunal on the issues referred supra. The learned Tribunal came to be conclusion that the deceased had lost his life due to rash and negligent driving of driver of the offending vehicle. It also concluded that the appellant insurance company had failed to produce any witness from ARTO/authority to substantiate the defence taken regarding driving license of the respondent driver, which, according to the appellant insurance, was not valid. Judgment of the Hon'ble Apex Court in "Sarla Verma V. Delhi Transport Corporation" reported in ACJ 2009 1298 has been relied on and the income of the deceased has been taken as Rs.5000.00 per month and deduction of 1/5th towards personal expenses made and, accordingly, amount of compensation calculated.