NATIONAL INSURANCE COMPANY LTD Vs. PURNA DEVI
LAWS(J&K)-2020-7-1
HIGH COURT OF JAMMU AND KASHMIR
Decided on July 18,2020

NATIONAL INSURANCE COMPANY LTD Appellant
VERSUS
Purna Devi Respondents




JUDGEMENT

SANJEEV KUMAR, J. - (1.)National Insurance Company Ltd. (hereinafter referred to as the 'insurer') is in appeal against the judgment and award dated 20 th August, 2016 passed by the Motor Accident Claims Tribunal, Kishtwar ('Tribunal' for short) in a claim petition No. 77/Claim titled "Purna Devi and others vs. National Insurance Company Ltd and others" whereby respondent Nos. 1 to 3 (hereinafter referred to as the 'claimants') have been held entitled to a compensation of Rs. 19,66,928/- along with interest @ 7.5% per annum. The Tribunal has directed the insurer to indemnify the owner (respondent No.4) and pay the awarded compensation to the claimants.
(2.)Before adverting to the grounds of challenge urged in this appeal, it would be appropriate to refer to few facts relevant to the disposal of this appeal.
The predecessor-in-interest of the claimants Sh. Sadhu Ram was travelling in a private car (Alto make) bearing registration No. JK06-2149 (hereinafter 'the offending vehicle' for short) driven by one Javed Zargar and was going from Jammu to Kishtwar. The offending vehicle met with an accident at about 1:00 pm at Korapani Assar. The accident happened due to rash and negligent driving of the driver. In the accident, both Sadhu Ram and driver of the vehicle namely Javed Zargar died. FIR No. 27/2019 for offence under Sections 279/337/304-A RPC came to be registered at Police Station Assar.

(3.)The claimants, being wife and children of the deceased Sadhu Ram, filed a claim petition before the Tribunal seeking compensation to the tune of Rs.26,20,000/- on account of death of their sole breadwinner. It is claimed that the deceased, at the time of accident, was 52 years old and was serving as a Jr. Assistant in the CAPD Doda. As per the salary certificate produced, the deceased was shown to have drawn his last salary of Rs.18256/-.
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