LAWS(DLH)-2008-10-43

SANJEEV NANDA Vs. STATE

Decided On October 04, 2008
UNITED INDIA INSURANCE CO.LTD. Appellant
V/S
SURESH CHAND AGGARWAL, RAM RICHHPAL Respondents

JUDGEMENT

(1.) CM No. 7136/2008 allowed, subject to all just exception. CM No. 7135/2008 there is a delay of 10 days in filing of the appeal. For the reasons mentioned in the application, the application is allowed and the delay is condoned. The application stands disposed of accordingly. MAC App. No. 311/2008 and CM No. 7134/2008 the present appeal has been filed by the Insurance Company under Section 173 of the Motor Vehicles Act, 1988 (for short as "act") against the order dated 28th January, 2008 passed by Dr. T. R. Naval, Preceeding Officer, MACT, Delhi (for short as "tribunal" ).

(2.) BRIEF facts of this case are that, on 21st January, 2004, at about 9. 30 p. m. , respondent No. 1/durga Dass, the injured in this case, was crossing road at 13 Block, Trilokpuri Bus stop through Zebra crossing, when a bus bearing No. DL-IPB-3884, being driven rashly and negligently by respondent No. 2/jagdish Chand, hit the injured. As a result, respondent No. 1 fell down on the road and sustained injuries. Later on, he was removed to Lal Bahadur Shastri Hospital.

(3.) RESPONDENT No. 1 has claimed compensation of Rs. 3 lacs from the driver, owner and insurer of the offending vehicle.