SHANTI DEVI Vs. SURESH KUMAR

JUDGEMENT

(1.) It is rather unfortunate that the appellants did not implead as respondents the driver of the two wheeler scooter bearing No. DNE-3788 nor the insurance company with whom the scooter was insured. My reason for so holding is that I concur with the award wherein it has been held that the deceased, Babu Lal, a pillion rider on the scooter being driven by its owner, Sunil Kumar, did not die due to any rash act committed by the driver of the DTC bus. The evidence on record establishes that Sunil Kumar was wholly responsible for the tragic death of Babu Lal.

(2.) It is not in dispute that on 8.4.1992 there was a collision between the scooter driven by Sunil Kumar and DTC bus bearing No.DEP-9672 at the crossing of Andrews Ganj when both vehicles were on ring road.

(3.) Version of the claimants was that Sunil Kumar along with deceased were travelling in the southern direction on Bhisham Pitamah Marg and at the crossing on Andrews Ganj took a left turn and entered ring road. According to them, when the scooter had come on to ring road, the DTC bus rammed into the scooter from behind and crushed Babu Lal.