UNITED INDIA INSURANCE CO LTD Vs. PANMESHWARI DEVI

JUDGEMENT

(1.) THIS appeal by United india Insurance Co. Ltd. has been preferred against the judgment/award dated 6. 7. 2000 passed by Motor Accidents Claims Tribunal (M. A. C. T.), Delhi awarding a sum of rs. 79,200 to the widow and four children of the deceased. Interest at the rate of 12 per cent per annum was also allowed from the date of filing of the petition till realisation of the amount.

(2.) I have heard Mr. Vishnu Mehra, the learned counsel for appellant and Mr. S. K. Mishra, learned counsel for the respondents. None appeared for respondent No. 6 (driver) and the respondent No. 7 (owner)despite service by publication. They were ex parte even before the M. A. C. T. I have gone through the impugned award and the record.

(3.) BRIEFLY the facts are that Dayanand, an agriculturist, aged about 40 years was travelling in a bus on 11. 9. 1986. Bus was operating under D. T. C. As Dayanand was getting down the bus from the front door, the driver suddenly started the bus at high speed. Dayanand fell down and was crushed under the wheel of the bus. The learned judge, M. A. C. T. , examined the site plan of the accident spot, post-mortem report and oral evidence and held that accident was the result of rash and negligent driving.