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2005 Supreme(J&K) 9

HAKIM IMTIYAZ HUSSAIN
Dheeraj Singh – Appellant
Versus
Hajra – Respondent


Advocates Appeared:
Advocate For Appellant: Qazi Rashid
Advocate For Respondent: Nemo

This appeal is directed against the award passed by Motor Accident Claims Tribunal Baramulla (for short the Tribunal) in a claim petition No. 50 of 1986 titled Mst. Hajra and others v. Dheeraj Singh and others.

The legal heirs (widow and children) of one Abdul Majid Lone filed a claim petition before Motor Accident Claims Tribunal, Srinagar on 22.05.1986 alleging therein that on 18.02.1986 said Abdul Majid Lone while travelling from Sopore to Panzalla had a fall from a vehicle, Bus No. 5521-JKC which was being driven by Deeraj Singh. The occurrence allegedly took place due to the rash and negligent driving of the driver/owner due to which said Abdul Majid Lone died on spot. It was alleged by the said legal heirs that the deceased at the time of his death was earning of Rs. 1500/- per month and was the main source of income and sustenance for them having the expectancy of surviving upto 100 years. The legal heirs therefore, claimed the compensation of Rs. 5,00,000/- from the driver/owner of the vehicle and also from United India Insurance Company Limited Srinagar.

During the proceedings of the case a separate Motor Accident Claims Tribunal was created at Baramulla and since the matter



















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