STATE OF J&K Vs. JALI
LAWS(J&K)-2006-10-18
HIGH COURT OF JAMMU AND KASHMIR
Decided on October 10,2006

STATE OF JANDK Appellant
VERSUS
Jali Respondents

JUDGEMENT

- (1.) THIS Civil First Appeal is directed against the judgment/award dated 1st June, 2005 passed by Motor Accident Claims Tribunal, Pulwama, in a claim petition titled Mst. Jali & Ors. Vs. State and others, which shall be hereinafter referred to as impugned award. Factual Background:
(2.) CLAIMANTS -respondents filed a claim petition before Motor Accident Claims Tribunal, Pulwama, on 9th May, 2001 for grant of compensation on the grounds that deceased Mohammad Ashraf Kumar, was an employee in the office of appellants -non -applicants and was working in the office of the Executive Engineer, Mechanical Division, Srinagar, as Helper Deceased was holding a driving licence and came to be directed to drive vehicle bearing registration No. BL -B Model BEHL vide order dated 18th December, 1997 as averred in the claim petition and met with an accident on 22nd September, 1998 while performing his duties, at Pahlipora road. Deceased in order to save his life jumped out of the vehicle but he sustained injuries and succumbed to injuries. Further, it is averred in the claim petition that deceased was 35 years of age at the time of accident and was drawing salary of Rs. 3,383/ -. Deceased left behind widow, children and parents i.e. claimants -respondents.
(3.) RESPONDENTS filed written statement/objections and following issues came to be framed: "1. What was the income and age of the deceased at the time of accident? .............. OPP 2. What was the dependency of the deceased at the time of death and whether the petitioners are entitled to any compensation, if so, how much and from whom? ................. OPP 3. Whether the court has no jurisdiction to try the case? ....... OPP 4. Whether the petition is not maintainable? .......... OPR 5. Relief Exparte award dated 27th November, 2002 came to be passed, which came to be assailed by the appellants -non applicants by the medium of C1MA No.79/2003. The said appeal came to be allowed and award came to be set -aside and case was remanded back.;


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