(1.) THE present appeal under section 173 of the Motor Vehicles Act, 1988 (for short as the "Act") has been filed against the award dated 29.01.04 passed by Sh. M. L. Mehta, Judge, Motor Accidents Claims Tribunal (for short as the "Tribunal"), Delhi wherein the Tribunal has awarded the compensation of Rs. 2,60,000/- along with the interest @ 9% from the date of filing of the petition for a period of 3 years.
(2.) BRIEF facts necessary for the disposal of this appeal are that deceased Nitin, died in a road accident which took place on 15th October 1997 at about 11 a.m. at Shastri Nagar, E-Block DTC bus stop. On the abovesaid date and time, the deceased along with his friend Sandeep, boarded the bus DL-IP-1177, route no.816, from Shastri Nagar, Shiv Mandir to go to Delhi University, North Campus. The bus was fully packed and they were standing on the foot-board and were waiting to go inside. The bus was being driven by Naresh Kumar i.e. Respondent no. 1. At E-Block, Shastri Nagar bus stop, one bus bearing no. DL- IP-1167 plying on route no. 39 was already standing for taking passengers. Respondent no. 1, in order to take more passengers from the stop suddenly tried to overtake the stationary bus from the narrow space and in the process deceased came in between the two buses and sustained fatal injuries on his head and chest. He became unconscious at the spot and was removed to Hindu Rao hospital, where he was declared brought dead.
(3.) THE reply to the Appeal has been filed on behalf of Respondent no.1.
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