The central legal point established in the judgment is the necessity of proving adoption in compliance with the conditions mentioned in Chapter II of the J&K Hindu Adoption & Maintenance Act, 1956.

JUDGEMENT/ORDER :

1. The appellant-Insurance Company has filed the present appeal, challenging the award dated 19.03.2009 passed by the Motor Accidents Claims Tribunal, Jammu in File No. 573/Claim titled "Sachin Dhar v. Kuldeep Singh and anr." Brief facts

2. The respondent No. 2, namely, Sachin Dhar alias Billoji has filed a claim petition before the Motor Accidents Claims Tribunal, Jammu, wherein it was alleged that he is an adopted son of the deceased Jia Lal S/o Shankar Pandit, 78 years old bachelor, who was allegedly injured in a road accident which took place on 24.07.2006 near Mahesh Pura Chowk, Jammu due to rash and negligent driving of Mini Bus No. JK02T/8232, resultantly, the deceased died on 31.07.2006 and accordingly, the respondent No. 2 has filed the claim petition for grant of compensation to the tune of Rs. 10 Lakhs on account of death of the deceased Jia Lal.

3. It is narrated by the claimant before the Tribunal that on 24.07.2006 the deceased Jia Lal was on foot near Maheshpura Chowk and was waiting for a bus at about 3.30 pm, meanwhile the offending matador bearing No. JK02T 8232 being driven in a rash and negligent manner by the driver who could not keep control over the speed of the vehicle and thus hit the deceased, consequently causing grievous injuries to him and accordingly the deceased was shifted to Govt. Medical College Hospital, Jammu and remained under treatment upto 31.07.2006. It is alleged that the claimant being an adopted son of the deceased Jia Lal has spend an amount of Rs. 35,000/- on treatment of the deceased. It is further alleged that the deceased at the time of his death was of 65 years old and was doing tuition work, earning Rs. 4,000/- per month.

4. Objections have been filed by the appellant herein before the Tribunal. The Tribunal after considering the pleadings of the parties has framed the following issues:-

"1. Whether an accident occurred on 24.07.2006 near Maheshwara Chowk Bakshi Nagar, Jammu by rash and negligent driving of offending vehicle No. JK02T 8232 being driven in the hands of erring driver in which deceased Jia Lal sustained fatal injuries? OPP

2. If issue No. 1 is proved in affirmative whether petitioner is entitled to the compensation; if so to what amount and from whom? OPP

3. Whether driver of offending vehicle at the time of accident was not holding valid and effective driving license and drove the vehicle in violation of terms and conditions of insurance policy; if so how and what is its effect? OPR-2

4. Whether claim petition is bad for non-joinder of necessary parties; if so which are necessary parties and how? OPR-2

5. Relief. O.P. Parties"

5. The Tribunal, accordingly, directed the parties to lead evidence and the claimant besides himself has also examined PW Girdhari Lal and PW J.K. Raina in support of his claim petition. The respondent insurer/appellant herein has not examined even a single witness in rebuttal, though opportunities were afforded.

6. The claim petitioner in his statement deposed that the deceased Jia Lal was his father and was living with him. He is the only son of the deceased. It is also deposed that his father at the time of accident was 65 years old and was doing tuition and earning Rs. 8/9 thousands per month. The deceased was bearing the household expenses. In cross-examination it is stated that he is the adopted son of the deceased who was a bachelor. He further deposed that he does not remember his age at the time of adoption, though he is matric pass and he does not know the qualification of his father.

7. Witness Girdhari Lal has deposed in his statement that he knows the deceased. On 24.07.2006 at 8/8.15 hrs when the deceased was standing on the bank of the road at Maheshpura Chowk, a vehicle bearing No. JK02T 8232 hit the deceased, who fell down on the road and police came on the spot, took the deceased to the Govt. Medical College, Jammu where he died on 31.07.2006. The deceased was 64/65 years old. He also deposed that the accident occur