JUDGMENT :

Sanjeev Kumar, J.

1. The wife of the deceased late Gander Malik, who was claimant before the Motor Accident Claims Tribunal, Bhaderwah (hereinafter referred to as the 'Tribunal'), is in appeal against the award dated 31.03.2004 passed by the Tribunal in file No. 58/claim titled 'Mst. Sakeena Begum vs. Ashwani Kumar and ors'.

2. This appeal has been filed primarily on the ground that the compensation awarded by the Tribunal is too meager, to be called just and fair and also that the Tribunal, in the given facts and circumstances, failed to apply the principle of 'pay and recover' and erroneously absolved the New India Assurance Company Ltd., ['insurer'] of its liability to pay compensation to the appellant [claimant].

3. The bare minimum facts relevant to disposal of this appeal may be noticed herein below:

On the fateful day, deceased Gander Malik, the husband of appellant boarded a load carrier bearing registration No. 4861-JKS [the offending vehicle] at village Malhori. The offending vehicle was going towards Pul Doda and just a few yards before the destination, it met