JUDGMENT :

1. National Insurance Company Ltd. (hereinafter referred to as the “insurer”) is in appeal against the judgment and award dated 20August, 2016 passed by the Motor Accident Claims Tribunal, Kishtwar (“Tribunal” for short) in a claim petition No. 77/Claim titled “Purna Devi and others vs. National Insurance Company Ltd and others” whereby respondent Nos. 1 to 3 (hereinafter referred to as the “claimants”) have been held entitled to a compensation of Rs. 19,66,928/-along with interest @ 7.5% per annum. The Tribunal has directed the insurer to indemnify the owner (respondent No.4) and pay the awarded compensation to the claimants.

2. Before adverting to the grounds of challenge urged in this appeal, it would be appropriate to refer to few facts relevant to the disposal of this appeal.

The predecessor-in-interest of the claimants Sh. Sadhu Ram was travelling in a private car (Alto make) bearing registration No. JK06-2149 (hereinafter “the offending vehicle” for short) driven by one Javed Zargar and was going from Jammu to Kishtwar. The offending vehicle met with an accident at about 1:00 pm at Korapani Assar. The accident happened due to rash and negligent driving of the driver. In the accident, both Sadhu Ram and driver of the vehicle namely Javed Zargar died. FIR No. 27/2019 for offence under Sections 279/337/304-A RPC came to be registered at Police Station Assar. 3 The claimants, being wife and children of the deceased Sadhu Ram, filed a claim petition before the Tribunal seeking compensation to the tune of Rs.26,20,000/-on account of death of their sole breadwinner. It is claimed that the deceased, at the time of accident, was 52 years old and was serving as a Jr. Assistant in the CAPD Doda. As per the salary certificate produced, the deceased was shown to have drawn his last salary of Rs.18256/-. 4 On being put on notice, the insurer contested the claim petition. The owner of the vehicle i.e respondent No.4 herein despite service opted not to appear before the Tribunal and contest the claim petition. He was, thus, proceeded ex parte by the Tribunal vide its order dated 09.08.2010. The Tribunal, on the basis of pleadings of the parties, framed the following issues for adjudication:

i. Whether deceased Sadhu Ram S/o Late Ram Krishan was travelling from Jammu towards Kishtwar, died in an accident due to rash and negligent driving of vehicle (Alto car) bearing registration No. JK06-2149 on 25.10.2009 belonging to respondent No.2 near Kora Pani ?OPP

ii. If issue No.1 is proved in affirmative to what amount of compensation the petitioner is entitled and from whom ? OPP

iii. Whether deceased Sadhu Ram was travelling in the offending vehicle as gratuitous passenger, not entitled to any compensation, if so, what is its effect on the claim petition ? OPR-1

iv. Whether the offending vehicle was being driven by its driver without holding a valid driving licence, if so what is its effect on the claim petition ? OPR-1.

v. Relief……………….? O.P. Parties

5. The claimants examined three witnesses i.e, PW-1 Sohail Sen, PW-2 Sewa Ram and PW-4 Ajaz Hussain. The wife of the deceased, one of the claimants, also entered the witness box and was examined as PW-3. The claimants also produced the salary certificate of the deceased, copy of FIR pertaining to the accident in question, photocopy of registration certificate of the offending vehicle and insurance cover issued by the insurer before the Tribunal.

6. The insurer, despite availing of numerous opportunities granted by the Tribunal, did not produce any oral or documentary evidence. The evidence led by the claimants, thus, remained un-rebutted.

7. On the basis of evidence on record, oral as well as documentary, the Tribunal held issue No.1 proved in favour of claimants. The Tribunal concluded that it was proved that on 25October, 2009, the deceased Sadhu Ram, who was admittedly travelling in the