NEW INDIA INSURANCE COMPANY LIMITED Vs. MUNNI DEVI

JUDGEMENT

(1.) This appeal under Section 173 of Motor Vehicles Act, by the Insurance company has been preferred against the award/ judgment dated 20.9.2000 passed by the Motor Accident Claims Tribunal (MACT), Delhi.

(2.) I have heard Mr. L.K. Tyagi, Advocate learned counsel for the appellant, Mr. P.N. Talwar, Advocate learned counsel for the respondents No.1 to 6 (petitioners before the Tribunal, hereinafter referred to as the petitioners) and Mr. Sanjeev Rajpal, Advocate learned counsel for respondent No.8 (owner of the vehicle). R-7 (driver) was ex parte before the MACT and he did not bother to appear even in this court and summons could not be served upon him despite several efforts as recorded in the order dated 10.4.2002. Since he was ex parte before the MACT, the case can proceed in his absence and the judgment shall be binding on him as well. I have gone through the impugned award/judgment and the record.

(3.) The claim has been filed by the widow, three minor children and both the parents of the deceased Kailash. On 22.10.1988 Kailash and his brother Girish Babu were waiting for bus when the offending bus allegedly being driven in a rash and negligent manner hit Kailash who suffered serious injuries and was declared dead at the hospital. Kailash was aged about 24 years at the time of the accident and was a mason by profession. He was said to be earning about Rs.2000/- per month. The driver and the owner were proceeded ex parte. The Insurance company contested the claim. Both the parties produced evidence. There were two eye-witnesses who were not cross-examined. The court held that the accident was caused due to rash and negligent driving of the bus. Issue No.2 regarding the petitioners being legal heirs was also decided in favour of the petitioners.