NEW INDIA INSURANCE Vs. NIRMALA ALIAS GUDDI

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 18th September, 1999 and order dated 17th February, 2000 passed by Mr. Rakesh Kapoor, Judge, MACT,delhi.

(2.) THE relevant facts for the disposal of the present appeal are that on 2nd September, 1993 at about 2. 00 a. m. , the deceased Azad singh along with his nephew Prem Singh was going to get their vehicle repaired at Tikri boarder, Near New Amrit Petrol Pump, where truck No. RJ-13-G-0380 was parked in a stationary condition. When the deceased and his nephew were passing behind the stationary truck, its driver all of a sudden reversed the same, with the result that the truck struck against the deceased and ran over his body. The deceased was immediately removed to ddl) Hospital but there he succumbed to the injuries sustained by him in the accident.

(3.) THE driver as well as the owner of the offending truck did not appear before the tribunal and they were proceeded ex parte.