NEW INDIA ASSURANCE COMPANY LIMITED Vs. SAVITRI DEVI

JUDGEMENT

(1.) The present appeal has been filed by the New India Assurance Company Limited, appellant herein, under Section 110-D of the Motor Vehicles Act, 1939, against the judgment dated March 22, 1982, whereby, the learned Motor Accident Claims Tribunal, has awarded a sum of. Rs. 54,000.00 in favour of the claimants, (respondents 1 to 6 herein).

(2.) Briefly stated, the facts giving rise to the appeal are, that on September 4, 1979, at about 8.05 p.m., deceased Laik Ram (hereinafter called the deceased), boarded the bus No. DLP 6733, from Bawana Bus stand, driven by respondent no. 7. Respondent no. 8 was the owner of the bus, which was insured with the appellant. When the bus reached near Bawana Brick Klin, deceased asked the driver to stop the bus. Upon this, the driver applied the brakes, but, when the deceased was still in the process of getting down, the driver gave race and the bus started suddenly at a fast speed, which caused fall of the deceased from the bus. Laik Ram was under the bus.

(3.) Respondents 1 to 6, filed a petition, under Section 110-A of the Motor Vehicles Act, thereby, claiming compensation of Rs. 1,50,000.00, on the ground, that the death was caused on account of the rash and negligent driving of the vehicle, on the part of the driver, respondent no. 7.