JAYANT NATH, J. - (1.) THE present appeal is filed by the Insurance Company challenging the Award dated 07.12.2007 passed by the Tribunal.
(2.) THE brief facts are that the deceased Sh. Yogesh Kumar Garg, a Junior Engineer in DDA was, on 12.05.1999, riding his scooter on Ring Road near Sarai Kale Khan, New Delhi when a bus, said to be driven by respondent No.5 in a rash and negligent manner, hit his scooter as a result of which the deceased sustained fatal injuries. None appeared for the owner and the driver and hence they were proceeded ex parte.
(3.) ON the pleadings of the parties, following issues were framed: - ''i) Whether Sh. Yogesh Kumar Garg suffered fatal injuries in an accident that took place on 12.5.99 due to rash and negligent driving of Bus No.DL -1P -A -2359 by R3, owned by R2 and insured with R1? . OPP ii) Whether R1 insurance company is not liable for compensation on account of preliminary objections taken by it in its written statement? ....OPR3 iii) Whether the petitioners are entitled for compensation, if so, to what amount and from whom? .....OPP iv) Relief. '';