NEW INDIA ASSURANCE CO LTD Vs. RAJ KUMAR

JUDGEMENT

(1.) By way of the present appeal under Section 173 of the Motor Vehicles Act, 1988, the appellant, an Insurance Company, seeks to impugn the judgment and order dated 07.02.2007 passed by the Motor Accidents Claims Tribunal, Delhi in claim petition No.181/2003.

(2.) The challenge in the appeal is within a very narrow compass. The appeal against the respondents No.1 to 5, who were the claimants in the claim petition, was dismissed at the initial stage and the appeal was admitted only on the limited issue as to whether the appellant is entitled to recovery rights against the respondents No.6 and 7, viz., the driver and the owner of the offending vehicle, being a TSR bearing No.DL-1R-F-4018, the rash and negligent driving of which had resulted in the death of Smt. Veero Devi, wife of late Shri Sadhu Ram while crossing the old Rohtak Road in front of the Main Market, Kishan Ganj, New Delhi.

(3.) The respondents No.6 and 7 despite service by publication of summons did not choose to appear to contest the appeal and were accordingly proceeded ex parte by order of this Court dated March 04, 2011.