MANJU Vs. NARESH KUMAR

JUDGEMENT

(1.) The present appeal is directed against the impugned judgment dated 6.4.2011, whereby the learned Tribunal has granted the compensation as under:

(2.) Brief facts of the case are that on 10.7.2007 at about 3.40 p.m., the deceased was travelling in DTC bus bearing No. DL 1-PB 6839 and was going towards his residence from Azadpur. When the aforesaid bus reached opposite Gate Nos. 4 and 5, Delhi Industrial Area Bus Stand, the driver, i.e., respondent No. 1 stopped his bus at the bus stand. When the deceased was alighting from the said bus, suddenly respondent No. 1/driver started his bus rashly and negligently with a sudden jerk due to which the deceased fell down in the bus itself with great force and sustained multiple injuries on his body. He was removed to the hospital, where he remained admitted and finally discharged on 3.8.2007. Unfortunately, the deceased expired on 18.9.2007. The post-mortem examination on the body was conducted at Babu Jagjivan Ram Memorial Hospital, Jahangirpuri, Delhi vide postmortem report No. 946/07.

(3.) For rash and negligent driving and the injuries sustained by the deceased, a criminal case vide F.I.R. No. 551/07 under sections 279/337, Indian Penal Code was registered at the Police Station Samaypur Badli, Delhi against the respondent No. 1, driver of the offending bus.