JUDGMENT :

Vinod Chatterji Koul, J.-Challenge in this Appeal is thrown to Award dated 11th July 2015, passed by Motor Accident Claims Tribunal, Anantnag, in a claim petition, bearing Claim No.78/2008 titled Sharifa and others v. Shabir Ahmad Bhat and others, on the grounds made mention of therein.

2. A claim petition, as is apparent from perusal of the file, was filed by claimants – respondents 1 to 4 herein before the Tribunal on 18th December 2008. In claim petition, claimants/respondents 1 to 4 stated that on 30th September 2008, the deceased, Bashir Ahmad Wagay, was busy in distributing the milk and other associated items including packed milk to shopkeepers of alongside road. It was also stated in the claim petition that deceased boarded at Anantnag in offending vehicle (TATA 407), bearing registration no.JK03-888, and kept the luggage at roof top of offending vehicle, and on reaching at Hiller Arhama, deceased asked driver to stop the vehicle as he had to pull down luggage/milk items. The driver, after stopping the vehicle, told deceased to pull down the luggage but without waiting the deceased, the driver started driving which resulted fall of deceased from roof top of the vehicle. It was also pleaded in claim petition that deceased sustained injuries on the body, particularly the head. The deceased was taken to hospital at Kokernag, wherefrom he was referred to SKIMS, Srinagar, where he succumbed to injuries on 2nd October 2008. According to claimants, the accident occurred because of rash and negligent act of driver of offending vehicle. The claimants, on the basis of claim put up before the Tribunal, sought compensation in the amount of Rs.39.90 Lakhs.

3. Opposite side, before the Tribunal, filed their objections resisting the claim petition.

4. The Tribunal, taking into account the pleadings of the parties, framed following issues for determination of claim petition:

(i) Whether the deceased namely Bahir Ahmad Wagay s/o Gh. Qadir Wagay R/o Sagam Kokernag died on 30.09.2008 at Hillar Arhama in a road accident due to rash and negligent driving of respondent no.1 who was driving vehicle bearing registration no.JK03-888 (Tata Mini Bus) rashly and negligently? OPP

(ii) If issue no.1 is proved in affirmative, whether the petitioners are entitled to compensation, if so, from whom and to what extent? OPP

(iii) Whether the respondent no.1 was not holding valid and effective driving licence on 01.10.2008, if so what is its effect upon the claim petition? OPR 3

(iv) Relief.

5. Claimants/respondents produced witnesses, namely, Mohammad Wagay, Gh. Qadir Wagay, and Manzoor Ahmad Wagay besides, claimant/respondent no.1. The owner/driver of offending vehicle also produced and examined witness, namely, Parvaiz Ahmad Malik. Respondent-Insurance Company produced witnesses, Mohd Abas Wani, Shabir Ahmad Bhat, and Irshad Ahmad Rather, Licencing Clerk RTO Srinagar.

6. The Tribunal, while considering Issue no.1, has discussed the statement of witnesses and only thereafter, found that deceased, Bashir Ahmad Wagay, died as a result of fatal injuries received in a vehicular accident involving offending vehicle due to negligence of its driver and accordingly, decided Issue no.1 in favour of claimants.

7. Issue no.2, viz. whether claimants are entitled to compensation, if so, from whom and to what extent, was to be proved by claimants/ respondents. The Tribunal decided Issue no.2 in favour of claimants. The Tribunal, in the first instance, proceeded to calculate compensation to be paid to claimants. The Tribunal relied upon the law laid down by the Supreme Court in Sarla Verma v. Delhi Transport Corporation, 2009 (3) Supreme 487. The Tribunal found deceased was 30 years of age and fixed his minimum income as Rs.6000/- per month and thereafter, applied multiplier and multiplicand. The Tribunal assessed, calculated and found claimants entitled to total compensation of Rs.16,07,000/- with 9% per annum. The Tribunal decided Issue no.2 in favour of