NATIONAL INSURANCE CO LTD Vs. MAMTA
LAWS(DLH)-2007-12-54
HIGH COURT OF DELHI
Decided on December 11,2007

NATIONAL INSURANCE CO. LTD Appellant
VERSUS
MAMTA Respondents

JUDGEMENT

- (1.) THE appellant, National Insurance Company Ltd. , insurer of the offending vehicle has preferred an appeal challenging the impugned order dated 6/10/2007 passed by the learned MACT. The impugned award has arisen out of the claim petition filed by respondent Nos. l to 3 against the appellant as well as against respondent nos. 4 and 5 claiming compensation for the death of Shri Gopal Singh Negi.
(2.) THE brief facts which are necessary for deciding the present appeal inter alia are that respondent Nos. l to 3 are the legal heirs of deceased Shri Gopal Singh Negi who died on 16/11/2006 on the way to the hospital from the accident spot. On 16/11/2006 at about 9:15 am when the deceased was in the process of boarding a DTC bus bearing registration No. DL1pb 2499 at Bye-pass bus stand, Outer Ring Road, Burari, timarpur, when the driver, Sh. Attar Singh, rashly and negligently started the said bus with a sudden jerk and hit another bus bearing registration No. DL 1pb 6874. The deceased Shri Gopal Singh Negi was at the rear gate of the bus and due to the sudden jerk and collision of the aforesaid two buses fell on the road and received fatal injuries. He died on the way to the hospital.
(3.) THE Tribunal after taking into consideration the facts of the case as well as evidence led by the parties had passed an award vide order dated 6/10/2007 in the sum of Rs. 8,51,000/- along with interest at the rate of 7. 5% per annum payable from the date of the institution of the petition till the date of realisation. The said order passed by the Tribunal is now under challenge in the present appeal.;


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