1. Shri Romesh Singh S/O Shri Bichtter Singh R/O Village Legar, Tehsil Akhnoor District Jammu died on 9-6-2007 in a vehicular accident at Doomi. Smt. Kamlesh Devi Widow of the deceased and his two children-respondents 1 to 3 herein filed claim petition No. 735/2008 under section 166 of the Motor Vehicle Act (hereinafter called the Act) before the Motor Accident Claims Tribunal, Jammu. The claimants also filed "No fault Claim Petiton" under section 140 of the Act before the Tribunal. The claim petitions were opposed by the insurance company-appellant herein on the ground that the deceased was himself a tort feaser in as much as the deceased due to rash and negligent driving of the scooter No. JK02X 1089 on which he was travelling from Jammu to Akhnoor, hit back side of a parked/stationed vehicle No. JK02W 1835 resulting in his death on spot. The appellant-insurance company proposed to place reliane on the final report under section 169 Cr. PC in case FIR No. 65/2007 dated 9-6-2007 whereby the investigation in case FIR No. 65/2007 pertaining to the occurrence in question was closed on the ground that the deceased responsible for the accident and accused in the matter, had died due to

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