HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
MOHAMMAD YOUSUF WANI, J.
New India Assurance Co. Ltd. – Appellant
Versus
Mukhtar Begum & Ors. – Respondent
Cr. Obj No. 5 of 2020
Decided on : 03-06-2024
JUDGEMENT
1. All these four appeals with the respective cross objections are taken up together for common disposal as they arise from the same Award impugned therein.
2. Impugned in the appeals is the Award dated 31.01.2020 passed by the learned Presiding Officer, Motor Accident Claims Tribunal, Rajouri (Court of Additional District Judge) (hereinafter referred to as the 'MACT', for short) in common while disposing of four claim petitions filed by the respondents/claimants and whereby the learned MACT awarded compensation in all the four cases in favour of the respondents/claimants.
3. Before proceeding ahead, it is felt appropriate to give a brief resume of the facts of the case, relevant for disposal of the instant appeals:-
An FIR bearing No. 377/2017 for offences under Sections 279, 337, 304-A RPC came to be registered in respect of the incident with the Police Station, Rajouri.
4. Claim Petition No. 112/MACT, CNR No. JKRJ0200010982017 came to be filed by the legal heirs/representatives of the deceased-Mohd. Aziz S/o Jaffar Ali; Claim Petition No. 113/MACT, CNR No. JKRJ020010972017 was filed by the sister of Akhter Begum D/o Jaffar Ali; Claim Petition No. 110/MACT, CNR No. JKRJ020010962017 came to be filed in respect of the death of Mohd. Waqar Iqbal S/o Mohd. Iqbal and Claim Petition No. 111/MACT, CNR No. JKRJ020011002017 came to be filed for compensation in respect of the death of Jamila Mughal D/o Mohd. Iqbal W/o Mehmood Ahmed.
5. Learned MACT after holding the enquiry in terms of Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act', for short) passed the impugned award, awarding a compensation of Rs. 2,53,000/- in Claim Petition No. 112/MACT, Rs. 2,28,000/- in Claim Petition No. 113/MACT, Rs. 41,76,480/- in Claim Petition No. 111/MACT and Rs. 6,49,800/- in Claim Petition No. 110/MACT.
6. Aggrieved by the impugned award, the respondent No. 4 i.e. New India Assurance Company Limited assailed the same before this Court through four separate appeals as regards the four Claim Petitions, in terms of the provisions of Section 173 of the Act. Appeal No. 124/2020 impugns the common award dated 31.01.2020 to the extent passed in respect of Claim Petition No. 113/MACT filed by Mukhtar Begum in respect of the death of Akhter Begum; Appeal No. 125/2020 impugns the common award to the extent of Claim Petition No. 111/MACT filed by the legal representatives of deceased-Jamila Mughal D/o Mohd. Iqbal W/o Mehmood Ahmed; Appeal No. 126/2020 impugns the same as regards the Claim Petition No. 112/MACT filed by the legal representatives of deceased-Mohd. Aziz S/o Jaffar Ali and the Appeal No. 127/2020 impugns the common award to the extent of Claim Petition No. 110/MACT filed by the legal representatives of deceased Mohd. Waqar Iqbal S/o Mohd. Iqbal.
7. The common Award dated 31.01.2020 has been assailed in all the four appeals in hand almost on the identical grounds inter alia to the effect that the deceased-driver of the offending vehicle, namely, Mehmood Ahmed S/o J
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