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2024 Supreme(J&K) 71

JAVED IQBAL WANI
Sita Devi, Wd/o. Amar Nath, (Died) – Appellant
Versus
Sandya Devi, Wd/o. Mulkh Raj – Respondent


Advocates Appeared:
For the Appellants : Mr. Amrit Sarin.
For the Respondents: Mr. Ratish Mahajan, Mr. Rajesh Kumar.

ORDER :

1. In the instant appeal, the appellants have thrown challenge to award dated 15.12.2014 (for short “the impugned award”) passed by the Motor Accident Claims Tribunal, Udhampur (for short “the Tribunal”) in the claim petition titled as “Sandhya Devi and others Vs Shoukat Ali and another.”

2. Facts emerging from the record reveal that one Mulkh Raj, S/o Mohan Lal, R/o Manpa, Udhampur, aged 42 years (for short “the deceased”), working as a Mazdoor/Central Govt. employee while travelling in a tractor trolley bearing registration No. JK14/3768 (for short “the offending vehicle”) sustained injuries on account of fall therefrom at Badali, resulting into multiple injuries to him and later on his death at the Military Hospital, Udhampur, whereupon the claimants-his legal heirs including his wife – Sandhya Devi/respondents 1 to 7 herein filed a claim petition for compensation under the provisions of the Motor Vehicles Act, 1988 (for short “the Act of 1988”).

3. The claimants/respondents 1 to 7 herein in the said claim petition impleaded the driver of the offending vehicle, namely, Shoukat Ali as a respondent/being respondent 8 herein. The Tribunal after entertaining the claim petitio

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