1. This appeal is directed against the award dated 12.05.2003 (hereinafter referred to as impugned award) passed by Motor Accident Claims Tribunal, Srinagar, in the claim petition No.107 titled as Mst.Shahnaz & Ors. Vs. Union of India and others, whereby an award of Rs. 11,08,500/- with 9% interests from the date of application till final realization came to be passed in favour of claimants 1 to 3 and against the appellants/non-applicants therein.

2. Appellants have assailed the impugned award on the grounds that impugned award has been passed without any evidence and is illegal on the face of it. The driver of appellants, Bika Ram, has not driven the vehicle rashly and negligently but in fact it was deceased, scootorist, who has driven the scooter rashly and negligently. The Motor Accident Claims Tribunal, Srinagar, has illegally and without any evidence decided the issue No.1 in favour of the claimants and saddled the non-applicant with liability.

3. It is useful to notice the facts of the case herein:-

The case of claimants/respondents 1 to 4 is that deceased, namely, Aijaz HussainRather, was driving scooter on 8th May, 1998 and coming from Jawahar Nagar, and the appellant No.3, Bi

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