UNION OF INDIA Vs. ISHFAQ AHMAD AHANGAR

JUDGEMENT

(1.) ALI Mohammad Ahangar, father of the respondent Ishfaq Ahmad Ahanger (minor), has knocked the doors of Motor Accident Claims Tribunal, Srinagar on 23rd of March, 1999 for grant of compensation to the tune of Rs.20 lakhs in favour of Ishfaq Ahmad Ahanger, who sustained injuries in a road traffic accident.

(2.) THE granting of compensation is just to ameliorate the sufferings of the vehicular accident. The procedural technicalities, wrangles and tangles have no role to play. It is the duty of the tribunal and all courts to see that the claim petitions are decided as early as possible otherwise delay takes away the sittings of law and the case in hand is its example. It appears that delay has crept in disposal of the claim petition as disclosed in the minutes of the claim petition/ record during pendency of the petition. And unfortunately the father - Ali Mohammad Ahanger too lost his life in a road traffic accident and Mst. Shariefa - mother of the victim came to be substituted. Facts:

(3.) AN army vehicle was being driving by its driver rashly and negligently on 23rd of July, 1998 and hit minor of six years age, namely, Ishfaq Ahmad Ahanger, who sustained injuries. He was taken to Bone and Joint Surgery Hospital, Baramulla, wherefrom he was referred to SKIMS (Sher -i -Kashmir Institute of Medical Sciences) Soura but despite of all medical treatment, the minor is rendered permanently disabled and handicapped for rest of his life in terms of EXPM. The offending vehicle after causing accident ran away along with the vehicle. The respectable persons of the locality approached the appellants who assured them to rehabilitate the injured and to provide full assistance by all in vain. FIR No. 86/98 came to be lodged in P/S Pantha Chowk.