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1979 Supreme(J&K) 49

MUFTI BAHA-UD-DIN FAROOQI, MIAN JALAL-UD-DIN
Mohd. Muzaffar – Appellant
Versus
Mohd. Sultan Sheikh – Respondent


Advocates Appeared:
Advocate For Appellant: M.A. Nehvi
Advocate For Appellant: M.L. Bhat
Advocate For Respondent: B.A. Bashir
Advocate For Respondent: O.P. Sahni
Advocate For Respondent: M.L. Misri

Per Honble CJ.

1. This is an appeal against the judgment and order dated 16-8-1977 of the Motor Accidents Claims Tribunal, Srinagar (hereinafter referred to as The tribunal) awarding Rs. 10,000/-to the appellants as compensation for the death of their child aged 11/12 years who was run over by the Vehicle owned by respondent No. 2 and driven by respondent No. 1 on 1-11-1973 The Tribunal has held that respondent No. 1 who drove the vehicle rashly and negligently and thus caused the death of the boy was primarily and respondent No. 2 and 4 were vicariously responsible to pay compensation to the appellants. The Tribunal directed that responsibility of payment of compensation is to be discharged wholly by respondent No. 4, the Oriental Fire and General- Insurance Co. Ltd. Srinagar Branch. The present appeal by the claimants is for enhancing the amount of compensation awarded by the Tribunal.

2. Appellant No. 1 is the father and appellant No. 2 is the mother of the deceased boy who was reading in the 5th primary class in the Burn Hall High School, Srinagar. It is found that on 1-11-1973 the boy while going home after school hours was killed by the bus owned by respondent No. 2 which was d




















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