1. Dr. Gowhar Masood Draboo Son of respondents 1 and 2, husband of respondent No. 3 and father of respondents 4 and 5 on 5th October, 2003 fell victim to a fatal vehicular accident near Kud on Jammu National Highway. The accident occurred due to rash and negligent driving of Tata Sumo vehicle bearing No. JK02T/4087 by its driver Shri Farooq Ahmad-respondent No. 7 in the present appeal.

2. The deceased working as lecturer in the department of Oral Medical in Pt. B.D. Sharma EGIMS Rohtak, Haryana, was at the time of accident on his way to Srinagar to join as B-Grade Dental Specialist in Family Welfare and Medical Education Department of the State Government. Soon after the tragic accident parents, widow and children of deceased laid a claim petition before Motor Accident Claims Tribunal, Srinagar. The case set up was that the vehicular accident occurred due to rash and negligent driving of vehicle by its driver and that as the vehicle was insured with the Appellant Insurance Company, it was under legal obligation to indemnify the owner of the vehicle and pay compensation to the claimants. The respondents 1 to 5 claimed an amount of Rs. 96,90,000/- on different counts from the Appellan

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