Mansoor Ahmad Mir, J. - (1.)Respondent-claimant invoked the jurisdiction of Motor Accidents Claims Tribunal, Srinagar on 23.2.1999, with the grievance that his father Habibullah Dar was hit by Army vehicle at Galandar Pampore (National Highway) on 31.8.1998 and succumbed to injuries. The claimant-respondent at that particular point of time was accompanying his father. Deceased 55 years of age was a labourer and fisherman, earning more than Rs. 5,000 per month and would have lived up to 95 years of age. The appellant contested the petition and following issues were framed:
"(1) Whether on 31.8.1998 near Galandar Pampore, an accident occurred due to rash and negligent driving of Army vehicle by its driver, which resulted into the death of deceased Habibullah Dar? OPP (2) In case issue No. 1 is proved in the affirmative, to what amount of compensation the petitioners are entitled from whom and in what proportion? (3) Relief."

(2.)Claimant-respondent besides examining himself examined Farooq Ahmad Wani, Javaid Hussain Bhat, Mohammad Akram Dar and Mohammad Shaban. Dr. Hamid, Sr. Resident, Soura Institute and Mohammad Amin, I.O., were summoned at the request of the claimant-respondent but they failed to procure their attendance and the claimant-respondent filed certified copies of the police challan, death certificate. Evidence of the claimant-respondent was closed on 21.2.2003.
(3.)Appellant-non-applicant examined Hawaldar J.P. Narayan, Duru Dev Singh and B.S. Rajput.