1. The Civil 1st Miscellaneous Appeal on hand is directed against the award of Motor Accident Claims Tribunal, Srinagar dated 16th December, 2008 in claim petition titled "Bashir Ahmed Chopan and anr. v. Syed Rafiq Ahmad and ors.", whereby learned Tribunal has awarded Rs.6,69,000/- (Rupees six lac and sixty nine thousands) as compensation to the claimants/respondents in the present appeal, on account of death of wife of claimant/respondent No.1 and mother of claimant/respondent no.2 in a vehicular accident on 21st August, 2003 at Umar-abad, Srinagar. The award is assailed on following two grounds:-

i) That the driver of the bus bearing registration No.JK01D-4605 that hit the scooter on which the deceased was traveling from rear, was not having PSV endorsement on the driving license, that entitled him to drive a Light Motor Vehicle/Medium Goods Vehicle/Heavy Goods Vehicle (LMV/MGV/HGV) and, thus, was not competent to drive the offending vehicle; that the owner of the vehicle, by allowing its driver to drive the bus has committed breach of insurance contract releasing the appellant Insurance Company of liability to indemnify the owner.

ii) That the compensation assessed by the Tribunal

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