ORIENTAL INSURANCE CO. LTD. Vs. KUSUM AND ORS.

JUDGEMENT

(1.) THE Appellant in this appeal seeks to assail the judgment and award dated 03.01.2003 passed by the learned Motor Accidents Claims Tribunal, Shahdara, Delhi in Suit No. 90/99.

(2.) THE facts concisely stated are that the Respondent No. 1 filed a petition under Section 166 of the Motor Vehicles Act, 1988 for compensation against the driver, the owner and the insurer of the offending vehicle, viz. bus bearing No. DL -1P -5728, alleging therein that when she was in the process of alighting from the said bus from the front door, the driver (the Respondent No. 2) suddenly put the bus into motion with a jerk, as a result of which she (the Respondent No. 1) fell down and her right leg was crushed under the wheel of the bus.

(3.) ARGUMENTS were addressed by Mr. Pankaj Seth on behalf of the Appellant -Insurance Company. The Respondents No. 1, 2 and 3, though duly served, have chosen not to contest the appeal. Accordingly, this Court was left with no option except to hear the learned Counsel for the Appellant and to scrutinize the record with his assistance.