J&K Vs. BISAKHI RAM AND ORS.

JUDGEMENT

(1.) The appellant has challenged the award dated 28.05.2014 passed by the Motor Accidents Claims Tribunal, Jammu in Claim No.582/2011 whereby an award of Rs. 12,84,000/- with interest @ 7.5% per annum has been passed against the appellant.

(2.) Brief facts leading to the filing of the instant appeal are that on account of an alleged accident involving Vehicle No.JKZ-682 (Water Tank) owned by the applicant, one Smt. Puro Devi is stated to have been injured, resulting into her death on 06.12.2010 at Dogra Chowk, Jammu and the claim petition was contested by the appellant wherein a specific plea was taken it was on account of negligent driving of one Bolero Vehicle No.JK02AC/7711 that the accident took place. However, on the pleadings of the parties, following issues were framed:-

(3.) The learned Tribunal allowed the claim petition vide impugned judgment dated 28.05.2014 and decided ISSUE No.I in favour of the respondents/claimants holding that the petitioners on the basis of oral as well as documentary evidence have succeeded to prove that the deceased Puro Devi died as a result of fatal injuries received in a vehicular accident involving offending vehicle No.JKZ-682 (Water Tanker) on 06.04.2010 due to negligence of driver of the offending vehicle.