LAWS(J&K)-1989-6-6

MOHD. ALTAF Vs. HARIPRASAD NAROTAMDAS JANI

Decided On June 29, 1989
Mohd. Altaf Appellant
V/S
Hariprasad Narotamdas Jani Respondents

JUDGEMENT

(1.) THREE claim petitions came to be filed in respect of an accident in which Bus No. 4515/JKB-carrying group of student tourists were to be carried from Srinagar to Sonamarg on 30-10-1975. The said vehicle met with an accident near Kangan while executing a turn on the bridge through which it had to pass. The said bus is said to have rolled down as a result of which one Rajinder Kumar received serious injuries and ultimately succumbed to the said injuries. The other two claimants namely Mahendra Somachand and Gitaban sustained injuries, which rendered them disabled. The claims Tribunal have decided the three claim petitions by virtue of one judgment. However, three appeals are preferred against the three claims by the appellant who was the owner of the said vehicle at the relevant time.

(2.) BRIEFLY staled the Tribunal took the following facts as proved:

(3.) IN the memo of appeal, learned Counsel for the appellant has urged that the appellant was not given fair opportunity to conduct his case and defend himself before the Tribunal. It is stated that the Tribunal bad without any rhyme or reason denied the right to the appellant to get the witnesses summoned through Tribunal.