Decided on August 06,1999

DILAIR KOUR Respondents


- (1.) Through the medium of this appeal, award dated March 1, 1988 passed by the Motor Accident Claims Tribunal, Srinagar (for short Tribunal) has been challenged. The learned Presiding Officer of the Tribunal had assessed the award in the amount of Rs. 1,87,800/-, but awarded the compensation to the tune of Rs. One lakh as this much amount had been claimed only in the claim petition. Interest at the rate of 10% per annum from the date of filing of the claim petition till the final realisation of the claim as well as costs of litigation in the sum of Rs. One thousand were also made payable.
(2.) The deceased Paramjeet Singh was a Gazetted Officer working as Agriculture Research Assistant. On 8-11-1976, he boarded the vehicle of appellant No.1 bearing No. JKB-5545 (3 Tonne TMB) which started its journey from village Trehgam to Village Kralpora (District Kupwara). Appellant No.2 was driving the said vehicle and when he was negotiating the bridge on a Nallah, he hit the fencing of the bridge and lost the control of the steering with the result the vehicle fell down into the Nallah. It is alleged that the accident occurred due to the rash and negligent driving of the vehicle by appellant No.2. Paramjeet Singh succumbed to the injuries sustained by him due to this accident. He died in the Army Hospital at Pattan. Appellant No.3 was working as a Conductor in the above said vehicle.
(3.) The deceased Paramjeet Singh was 34 years old and he left behind a widow of 31 years (respondent No.1) and two minor sons and two minor daughters (respondents 2 to 5 herein).On 19-4-1977, respondents 1 to 5 filed the claim petition in the Tribunal, wherein compensation in the sum of Rs. one lakh was claimed alleging therein that at the time of accident the deceased was of the age of 34 years and was drawing Rs. 745/- as his monthly salary.The learned Presiding Officer of the Tribunal had framed the following five issues :-1. Was the accident which resulted in the death of Pritam Singh husband of applicant No.1 and father of applicants 2 to 5 caused due to rash and negligent driving of Kala Ram by vehicle No.5545 JKB ? OPP2. In case issue No.1 is proved was not the driver Kala Ram actually driving the vehicle? OP Non-applicants.3. In case issue No.1 is proved does the Union of India stands indemnified vis a vis claimants ? OP non-applicants.4. In case issue No.1 is proved and issue No.3 is disproved to how much compensation the applicant is entitled to and from whom and in what proportion ? OPP 5 Relief.;

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