GULAB WATI Vs. RAJBIR SINGH

JUDGEMENT

(1.) Appellant who is legal heirs of deceased Chander Bhan Gupta, has filed the present appeal against the judgment and award dated 18th November, 2006 passed by Ms. Sukhvinder Kaur, Judge, MACT seeking enhancement of the award amount.

(2.) Vide impugned judgment, the learned Tribunal has awarded a sum of Rs.1,65,400/- to the appellant as compensation along with interest @ 7.5% per annum from the date of the filing of the petition, that is, 21st January, 1998 till the date of its realization.

(3.) The brief facts of this case are that on 16th November, 1997, deceased Chander Bhan Gupta was going on M.B.Road on his two wheeler scooter No.DL-3S-K- 9236 at a normal speed on his right side on the road. When he reached near Peepal Wala Chowk, all of a sudden a DTC Bus bearing No.DPB-6099 driven by one Rajbir Singh (Respondent No.1) came at a very fast speed and in a rash and negligent manner from the side of Sangam Vihar and knocked down the scooterist with a great force. Due to forceful impact, the deceased fell down on the road and got crushed under the DTC Bus. This accident was caused entirely due to rash and negligent driving of the bus driver.