DELHI TRANSPORT CORPORATION Vs. RAJIV KUMAR

JUDGEMENT

(1.) Heard. In view of the affidavit of theCounsel himself filed in support of the application, and the delay being ofonly six days, the application is allowed and delay is condoned.C.M. stands disposed of.FAO 1221921. As a result of the application for condonation of delay beingallowed, the appeal has been taken up.

(2.) Mr. R.D. Shahalia. Counsel for the respondent accepts notice.He has already filed reply on merits. There is an application also for earlyhearing filed by the appellant. In view of this. I have heard the appeal.

(3.) Learned Counsel for the appellant has taken me through theimpugned order. I find from the facts. Which have been found as established by the Motor Accident Claims Tribunal, that the respondent was runover by DTC bus No. DLP-1578 on 7-9-1979. There is no dispute that thedriver was in the service of the appellant. I am further satisfied that thefinding of the Tribunal about accident being result of rash and negligentdriving on the part of the driver is also sustainable on record.