1. This appeal is directed against the order passed by Motor Accidents Claims Tribunal, Srinagar (for short the Tribunal) Srinagar on 15.3.2003 in a claim petition No. 79/2000 titled Mst. Khati & Ors. v. State of J&K & Ors.

The matter arises out of an accident which took place on 29.4.2000 at Jammu-Srinagar National High-way, Official Ambassador car No. 0468/JK0IC belonging to respondent Chairman J&K State Consumer Protection Forum was coming from Jammu to Srinagar on the eve of annual Darbar-move. The driver of the vehicle was in the employment of the forum. One Bashir Ahmed Kumar who was class IV employee of the High Court of J&K was also travelling in it. When the vehicle reached near Maghar Kot Panthal National High Way it fell into a deep gorge resulting in the death of both said Bashir Ahmad Kumar as well as the driver of the vehicle.

2. The legal heirs who are the brothers and sisters of deceased Bashir Ahmed Kumar filed a claim petition before the Tribunal on 3.8.2000 claiming compensation for the death of their brother Bashir Ahmed Kumar. It was alleged by them that the accident took place due to the rash and negligent driving of the driver and that the deceased was at the t

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