NATIONAL INSURANCE CO. LTD. Vs. SANT KUMAR

JUDGEMENT

(1.) THE present appeal is filed against the award of the Motor Accident Claims Tribunal dated 20.9.2007. The facts of the present case in nutshell are: On 5.11.2005 at about 2.00 p.m., deceased Shri Dheeraj Singh was travelling as a pillion rider on the motorcycle bearing registration No. DL -8S -Ap 7165, which was being driven by his cousin Shri Sohan Pal, while going from Delhi to Ghaziabad. At about 2.00 p.m., they reached near Loni Road in front of Pasaunda, when a DTC bus bearing registration No. DL IP B 0606, which was being driven by respondent No. 1 at a very high speed in rash and negligent manner on the wrong side of the road. The said DTC bus hit the motorcycle and as a result his cousin Sohan Pal sustained grievous injuries. The claim petition was filed on 2.6.2006 and the award was made on 20.9.2007. Aggrieved with the said award, the appellant insurance company has preferred this appeal.

(2.) COUNSEL for the appellant contends mat the Tribunal has not taken into consideration the rational of the recent judgment of the Apex Court in the matter of New India Assurance Co. Ltd. v. Satender & Ors., reported in III : (2007 ACC 46 (SC).

(3.) I have heard the learned counsel for the appellant and have also perused the impugned award as well as judgment cited by the counsel for the appellant.