NATIONAL INSURANCE CO LTD Vs. SURAT SINGH

JUDGEMENT

(1.) THIS appeal under Section 173 of Motor vehicles Act, 1988 (for short as 'act') has been filed by the Insurance Company against the impugned award dated 21st April, 2004 passed by Sh. J. R. Aryan, Judge, MACT, delhi.

(2.) THE relevant facts for the disposal of the present appeal are that Devender Kumar, deceased aged 18 years died in an accident on 1-2-1995. On the said date, there was some cultural programme for the students at ram Lal Anand College situated in the vicinity of Dhaula Kuan, Delhi. After the programme was over, the students including the deceased came out of the college. Meanwhile, the offending tempo No. DL-1ca-0215 arrived and stopped near the gate of the college. Students including the deceased, asked driver to carry them up to Dhaula Kuan and driver agreed after accepting charges for their transportation. All the students boarded the tempo to go Dhaula Kuan. The tempo driver is alleged to have driven vehicle in a very high speed and lost control over the vehicle and it overturned on the way near South Campus at about 5. 15 pm. As a result of the same, the deceased and other students sustained injuries. The deceased was taken to Safdarjang hospital wherein he died on 2-2-1995 because of the injuries sustained in the accident.

(3.) THE claim petition was filed by the parents of the deceased.