JUDGMENT :

1. Impugned in this Appeal is Award dated 03.02.2018, passed by Motor Accident Claims Tribunal, Srinagar (for short “Tribunal”) on a Claim Petition, being File no. 98 of 2012, titled as Bashir Ahmad Mir and another v. Ghulam Hassan Dar and others, directing appellant Insurance Company to pay compensation in the amount of Rs.39,94,411/- along with 6% interest per annum from the date of institution of claim till realization, on the grounds made mention of therein.

2. A claim petition, as is discernible from perusal of the file, was filed by respondents 1&2 before the Tribunal on. 27.04.2012, averring therein that deceased Sajad Bashir Mir aged 26 years, died in an accident, which took place on 18.01.2012 at Bemina Byepass Crossing, due to rash and negligent driving of driver of offending vehicle, bearing Registration no.JK03B/3642, which was insured with appellant Insurance Company. Claimants/Respondents sought compensation to the tune of Rs. 54,00,000/-.

3. Appellant Insurance Company resisted the claim before the Tribunal.

4. The Tribunal, in view of pleadings of parties, framed Issues for determination, which are:

a) Whether on 18.01.2012 a vehicle (Truck) bearing regd. No.