EUGNA D SILVA Vs. GANJU RAM & OTHERS

JUDGEMENT

(1.) This appeal has been flied against the judgment dated 23.10.79 of the learned Motor Accident Claims Tribunal, Delhi by which the claim petition was dismissed without any order as to costs.

(2.) The facts out of which this accident claim arose are that deceased Mrs. Mary Lobo Noronha, mother of the appellant on 17.12.70 at about 9.15 A.M. was crossing the road in front of King Adward Park, Delhi. When she had already crossed almost the entire road from the Red Fort side towards the middle of Patri, Car No. DLJ 3701 alleged to be driven by respondent 1, Ganju Ram rashly and negligently came from Chandni chowk side at a fast speed and struck against the deceased. It was further the case in the petition that the speed of the offending vehicle was so high that the respondent 1, Ganju Ram could not control the vehicle and thus caused the accident. The deceased was removed to Irwin Hospital in an unconscious state, where she succumbed to her injuries within 48 hours without regaining consciousness. Respondent 1 was alleged to be driving the vehicle during the course of his employment under the authority and control of respondents 2 and 4. The vehicle was insured with Anand Insurance Co. at the time of accident and later on taken over by New India Assurance Co.

(3.) Respondents 1 and 4 were proceeded ex parte while respondents 2 and 3 contested the case. Pleadings of the parties were incorporated in the following issues: