JANAK RAJ KOTWAL
Bajaj Allianz Gen. Ins. Co. Ltd. – Appellant
Versus
Mohd. Sharief – Respondent
Janak Raj Kotwal, J.
1. These two appeals are filed against the judgment and award dated 22.05.2012 rendered by the Motor Accident Claims Tribunal, Ramban (for short, the Tribunal) in a claim application under Section 163-A of the Motor Vehicles Act, 1988 (for short, the Act) involving death of one Mushtaq Ahmed (for short, the deceased), who died in a road traffic accident on 06.03.2008. The appeal in CIMA No. 424/2012 has been filed by the Insurance Company, whereas that in CIMA No. 232/2012 has been filed by two of the claimants (father and sister of the deceased) to whom compensation has not been awarded by the learned Tribunal. Heard learned counsel for the parties and perused the record.
CIMA No. 424/2012:
2. In the claim application filed by the claimants against the insurer and the owner of the offending vehicle, it was, briefly, contended that on 06.03.2008 the deceased was driving the offending Tipper bearing registration No. JK 14-A 2110, which went out of his control. The deceased died on spot. It was contended also that the accident had occurred due to rash and negligent driving of the deceased. The income of the deceased was stated as Rs. 7000/- per month. The
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