ANAND RAM Vs. A K JAIN

JUDGEMENT

(1.) This appeal by the appellants is directed against the judgment passed by learned single Judge of this court in C.I.M.A. No. 74 of 1994, dated 28.4.1995.

(2.) In order to properly appreciate the respective contentions urged by the learned counsel for the parties appearing in this appeal, facts need to be briefly referred to which are as under: A claim petition under the provisions of Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act'), came to be filed by the appellants against owner, driver as well as insurer of the vehicle bearing registration No. JKA 8449. Case of the appellants as set-out in the claim petition under the Act was that on 31.10.85 the said vehicle was being driven by Ghulam Rasool Khuroo and Mohan Krishan Tickoo, a college student (since deceased) was overrun y the said bus near Degree College Khanabal, Anantnag. Accident was attributed to the rash and negligent driving on the part of the driver which resulted in death of said Mohan Krishan Tickoo. In this background compensation in the sum of Rs. 4,80,000 was claimed by the appellants. This claim of the appellants was contested and resisted by the owner and driver who filed their common reply. Both of them, i.e., owner and driver amongst other things pleaded that vehicle in question was insured with the insurer, i.e., New India Assurance Co. Ltd. Whereas, said insurance company in its reply raised number of pleas, while contesting the claim of the appellants.

(3.) On the aforesaid pleadings parties went to trial on the following issues before the Tribunal below: (1) Whether the accident which had occurred on 31.10.1985 near Degree College, Anantnag resulting into the death of Mohan Krishan Tickoo was caused due to rash and negligent driving of respondent No. 1 while driving bus No. 8449? OPP (2) In case issue No. 1 is proved in the affirmative what amount of compensation the petitioners are entitled to, from whom and in what proportion? OPP