J K PROJECTS CONSTRUCTION CORPORATION Vs. FATIMA BEGUM
HIGH COURT OF JAMMU AND KASHMIR
JAMMU AND KASHMIR PROJECTS CONSTRUCTION CORPORATION
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Syed Bashir-ud-din, J. -
(1.) Through the medium of these motions, order dated 19.12.1997 of not entertaining the two civil First Appeal Nos. 79 and 80 of 1997 for failure to comply with provisions of section 173 of Motor Vehicles Act regarding deposit of Rs. 25,000 or 50 per cent of the awarded amount (whichever is less), is prayed to be reviewed.
(2.) On 5.10.1985, one Ghulam Qadir Khan seated besides his son Abdul Rashid Khan in Ambassador motor car with the registration mark and No. DAC 3153, met with a vehicular accident at Kadalbal Awantipora. The Ambassador car with the above occupants collided head-on with a load carrier bearing registration mark and No. JKD 2844. The accident occurred due to the rash and negligent driving of the above load carrier registered in the name of J&K Projects Construction Corporation. The load carrier (truck) was driven by its driver one Bhopinder Singh. Ghulam Qadir Khan died, whereas Abdul Rashid Khan sustained multiple grievous injuries and was permanently disabled. The car in which they were travelling was totally wrecked by the impact of the offending vehicle.
(3.) Abdul Rashid Khan preferred Claim Petition No. 1 of 1986 and the widow and two daughters of the deceased Ghulam Qadir Khan preferred a separate Claim Petition No. 2 of 1986 before the Motor Accidents Claims Tribunal (M.A.C.T.), Srinagar. After holding enquiry in the compensation claim, the Tribunal by a com- mon judgment and award dated 22.4.1997, disposed of both the claim petitions. Applicant Abdul Rashid Khan was awarded compensation of Rs. 1,80,000. Out of this awarded compensation, National Insurance Co. Ltd. is ordered to pay Rs. 1,50,000, J&K Projects Construction Corporation Rs. 25,000 and driver Bhopinder Singh Rs. 5,000. Annual interest at the rate of 12 per cent was allowed on these sums from date of application till final payment.;
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