JUDGMENT :

1. The present appeal has been preferred by the appellant against the judgment/ award dated 27th April, 2019, passed by Motor Accidents Claims Tribunal, Shopian insofar as the appellant is concerned.

2. Before proceeding further, it would be apt to give a concise factual background of the case with a view to decide the issue in question:-

FACTS OF THECASE

(i) That the claim petition came to be preferred by the respondent no. 1, against the appellant and respondent no. 2, before the Presiding Officer MACT, Shopian on 14th March, 2018, stating therein that on 21.08.2015, the respondent no. 2 was driving the offending vehicle Maruti 800 bearing Registration No. JK01/6321, which came from Shopian towards Kulgam at a very high speed, and when the same reached Memandar near the petrol pump, the same hit respondent no. 1 who was coming from Kulgam towards Shopian on his Motor Cycle bearing Registration No. JK13B/2944, and he was injured seriously. The specific case of the appellant is that the respondent no. 1 was immediately taken to the hospital in Shopian wherefrom he was re