1. By this common judgment CIMA No. 99 of 1987 and the unnumbered and unregistered cross-objections shall be disposed of together.

2. This appeal is directed against the judgment and award of the Motor Accidents Claims Tribunal, Jammu, delivered in File No 48/ Claim of 1978 on 33.8.1987. The appellant in this court is the insurer of the offending vehicle. The brief facts leading to the filling of the present appeal are: that deceased Hira Singh aged 45 years died, on 26.4.1978 as a result of an accident because of rash and negligent driving of vehicle no. JKN-6193 by respondent Jasbir Singh. The accident in question took place at about 9 a. m, on 24.4.1978 where the deceased Hira Singh was standing on the extreme left side of Jammu-Satvvari road near New Transport Yard and was talking to one S. Devi Singh, who was also injured during this accident. The vehicle in question was driven at the relevant time by respondent Jasbir Singh rashly and negligently. The deceased was removed to S. M. G. S. Hospital Jammu where he died on 26.4.1978 at 1.30 a. m. The vehicle in question was insured with the appellant insurance company for the relevant time vide Policy No. 2616/2/15/MB/71/77. The

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