NEW INDIA ASSURANCE CO LTD Vs. FAYAZ AHMAD

JUDGEMENT

(1.) APPEALS titled above are directed against the judgment and award dated 28th of September, 2006 passed by Presiding Officer, Motor Accident Claims Tribunal, Srinagar, whereby and whereunder twenty claim petitions filed under Section 166 of Motor Vehicle Act, for short the Act, by the victims of vehicular accident (claimants) came to be allowed and appellant - -insurer came to be saddled with the liability.

(2.) IT is necessary to notice the brief facts of the case herein; The victims of vehicular accident - -claimants filed twenty claim petitions for grant of compensation on the grounds that offending vehicle (passenger -bus) bearing No.5258 -JKC was being driven by its driver, Fayaz Ahmad, rashly and negligently on 3rd of November, 2001 on Srinagar - -Bandipora Road at Saderkote Payeen and caused accident, twenty persons traveling in the said offending vehicle sustained injuries and succumbed to the injuries whereas 45 suffered injuries. Respondents filed reply/objections and following issues came to be framed:

(3.) I have gone through the claim petitions and the impugned award. There is no dispute about driving licence and the fact that the accident was outcome of rash and negligent driving of the offending vehicle by its driver, Fayaz Ahmad. Rather all these points are admitted. However, I have gone through the record of the tribunal, there is cogent evidence that driver, Fayaz Ahmad, has driven the offending vehicle rashly and negligently and caused the accident.