NATIONAL INSURANCE CO. LTD. Vs. HEMA DEVI

JUDGEMENT

(1.) This judgment shall decide the present appeal filed by the appellant/Insurance Company in terms of Sec. 173 of the Motor Vehicles Act, 1988 [MV Act] assailing the impugned order dtd. 25/4/2018 passed by the Presiding Officer, Motor Accident Claims Tribunal, North West District, Rohini Courts, Delhi [Tribunal], in petition No.314/09 [Claim petition] (New No.500440-16), whereby the learned Tribunal granted compensation in favour of the claimants. FACTUAL BACKGROUND:

(2.) Briefly stated, it was the case of the claimants that on 29/6/2005, at about 10 P.M., Sh. Bhagwat Singh aged 41 years (hereinafter referred to as the 'deceased') was standing at a bus stop at Azadpur Flyover, Delhi, when suddenly one a Motorcycle CBZ Hero Honda, bearing registration No. UP-27F-7426 (hereinafter referred to as the 'offending vehicle') came at a high speed, being driven in a rash and negligent manner, hit Bhagwat Singh/deceased, as a result of which, the deceased fell down on the road and sustained grievous injuries. Sec. 2(27) of MV Act: 'motor cycle' means a two-wheeled motor vehicle, inclusive of any detachable side-car having an extra wheel, attached to the motor vehicle;

(3.) It was further mentioned in the claim petition that thereafter, one Sh. Piyush Gupta/driver-cum-registered owner/respondent No.1 along with one of his associates, took the deceased away from the place of accident on the pretext that they were taking him to the hospital but instead, they left him in pain at Satyawati College Flyover, Ashok Vihar, Delhi, and fled away with the offending vehicle. Thereafter, the deceased was admitted to BJRM hospital, Jahangirpuri, Delhi and from there, he was shifted to a Trauma Centre where he remained admitted till 6/7/2005 and subsequently, died on 6/7/2005 at about 1 P.M. An FIR No.439/05 under Sec. 279/337/304A of Indian Penal Code, 1860 [IPC] was registered at PS Ashok Vihar on 6/7/2005.