1. This Civil 1st Miscellaneous Appeal is directed against judgment-Award dated 28th of April, 2011 passed by Motor Accidents Claims Tribunal, Srinagar in a claim petition tilled as Khaliq Dar and another v. Union of India and another hereinafter for short as impugned award', on the grounds taken in the memo of appeal.

BRIEF FACTS

2. Claimants-respondents filed a claim petition before the MACT, Srinagar, in terms of Section 166 of Motor Vehicles Act, for short as Act, on 12th of May, 2008, being the victims of vehicular accident and sought compensation to the tune of Rs. 1.00 crore on the ground that driver of the offending vehicle (BSF LP truck) had driven the vehicle rashly -and negligently on 24th of March, 2008 at Renji Srinagar-Baramulla National Highway and in the process hit the deceased Mohammad Yaqoob Dar who sustained and succumbed to the injuries. The deceased was a businessman by profession (dealing with Carpets and fresh fruits as forwarding agent). The deceased would have been earning Rs. 60.000/- per month in future.

3. Appellant-insurer filed written statement and following issues came to be framed:-

1. "Whether on 24th of March, 2008 Mohammad Yaqoob Dar, walking on the

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