ORIENTAL INSRURANCE CO LTD Vs. SANGEETA

JUDGEMENT

(1.) THE only ground of challenge raised in the instant appeal is that no negligence or rashness on the part of the driver of the offending bus no.DL -1PA -1999 was proved, and, therefore, the Appellant Insurance Company could not have been fastened with the liability.

(2.) THE Claims Tribunal while dealing with the issue of negligence observed as under: -

(3.) IT is urged by the learned counsel for the Appellant that although FIR No.512/2005 was registered against the driver of the bus, yet the case was sent as untraced as no negligence on the part of the driver of the bus could be established. The learned counsel for the Appellant has also handed over a copy of the site plan prepared by the police.