1. This Civil Miscellaneous Appeal is directed against the Award dated 31st Janaury, 2009, hereinafter for short as impugned Award, passed by Motor Accidents Claims Tribunal, Srinagar, for short as Tribunal, in a claim petition titled Mst. Bakhta and ors. v. Showkat Ali Dar and others, for short as claim petition, instituted on 19th March, 2002, bearing File No. 37/Claim and decided on 31st January, 2009.

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.

BRIEF FACTS

3. Ghulam Rasool Baba, deceased while walking on the correct side of the road at Nail Bridge, was hit by a vehicle No. JKC-8795, (Bus), which was being driven by its driver, namely, Abdul Rashid Bhat, rashly and negligently. The victim sustained and succumbed to injuries in Soura Medical Institute. FIR No. 3/2001 was registered at Police Station Ganderbal for the offences punishable under Sections 279, 304-A of the Ranbir Penal Code, for short as RFC. The Claimants/Respondents 1-3 being the victims of vehicular accident invoked the jurisdiction of the Tribunal and sought compensation, as per the break-up given in th

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