UNITED INDIA INSURANCE COMPANY LTD Vs. KAMLA BEHAN

JUDGEMENT

(1.) Appellant/United India Insurance Company Limited has filed the present appeal against the impugned order dated 6.6.1997 passed by Shri. D.R. Singh, MACT, Delhi, vide which learned Tribunal passed an award in the sum of Rs.3,60,000/- along with interest @ 12% per annum from the date of judgment till realisation.

(2.) Brief facts of the case are that on 1.6.1988, at about 8.35 a.m., deceased Javer Bhai, aged about 41 years, was travelling in Bus No. DEP-6028 (Route No. 930) which was going from Rani Bagh to Tilak Nagar. When the Bus reach near Punjabi Bagh, Gurvinder singh, driver of the Bus ( Respondent No. 9 herein 'Appeal') could not control the Bus due to high speed and as the Bus was driven in a rash and negligence manner, hit the pavement dividing the road and turned with the result that deceased died in this accident. The Bus is owned by Shri Umesh Kumar (Respondent No. 10 herein the 'Appeal') and was insured with appellant/Insurance Company.

(3.) After recording the evidence, learned Tribunal passed the impugned award. Being dissatisfied with the award, the appellant had filed the present appeal.