NATIONAL INSURANCE CO.LTD Vs. FEROZ-UD-DIN

JUDGEMENT

(1.) Appellant/Company has challenged the award dtd. 4/10/2018 passed by the Motor Accident Claims Tribunal, Doda (hereinafter to be referred to as 'Tribunal') in these four appeals. Since these appeals involve common questions of fact and law, therefore, the same were heard together and are being decided by a common judgment.

(2.) Briefly stated facts which arises for the consideration in these appeals are that, on 16/10/2017 about 10.15 a.m, an accident occurred Near Kashor, Jodhpur within the jurisdiction of Police Station, Doda, which resulted in the death of Nelofar Raza D/o Late Sh. Bashir Ahmed, Zia Bashir S/o Late Sh. Bashir Ahmed, Fehmida Begum W/o Late Sh. Bashir Ahmed and Shaiqa Bano D/o Late Sh. Bashir Ahmed. Bashir Ahmed, being the owner of the vehicle No. JMU-CC/2715 (Alto 800) was driving the said vehicle at the time of accident and his wife & daughter were the occupants, who died in the accident alongwith him.

(3.) Claimants are grandparents of the deceased whose son was driving the said vehicle on the fateful day and they have filed four claim petitions against DM, National Insurance Company Limited & others for compensation under Ss. 166 and 140 of the Motor Vehicle Act, 1998.