1. This Civil 1st Miscellaneous Appeal is directed against the judgment and Award dated 2nd of March, 2010, hereinafter for short as 'impugned award' passed by Motor Accidents Claims Tribunal Srinagar, hereinafter for short as 'Tribunal' in a claim petition titled Mst. Neelofar & Ors. v. Manzoor Ahmad Gunchoo and others on the grounds taken in the memo of appeal.

2. In order to deal with the appeal in hand, the history of the case needs to be underlined so that the impugned award is appreciated to be just or otherwise.

3. The claimants approached the Tribunal and sought compensation, as per the break-up given in the claim petition, for the loss suffered by them allegedly in a vehicular accident. To elaborate the contention further, it was projected by the claimants there that Adil Wahid, while walking on the right side, was hit by a bus bearing registration No. JK01B 3503, sustained and succumbed to injuries on spot. The said vehicle was being driven by its driver Assadullah Rather-respondent No. 5 rashly and negligently.

4. The written statement was filed and claim petition was resisted only by the appellant. As the driver and owner did not choose to appear they were set ex-parte.

5.

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