NEW INDIA ASS CO LTD Vs. RAKESH KUMAR

JUDGEMENT

(1.) THE present appeal under section 173 of the Motor Vehicles Act,1988 (for short as the "act") has been filed by New India Assurance Company Ltd. against the judgment dated 17. 01. 08, passed by Ms. Neena Bansal, Judge, Motor Accident claims Tribunal (for short as "tribunal"), Tishazari Court, Delhi.

(2.) CONTEXTUAL facts depict that on 13. 07. 06 at about 9 pm, while respondent no. 1, Sh. Rakesh Kumar was standing at Burari bye-pass, Outer Ring road, Ganda Nala side, waiting for a bus, a tempo bearing no. DL 1lb 6226 which was being driven by Sh. Dan Singh came in a rash and negligent manner from the side of G. T. K. bye-pass at a high speed and hit Rakesh Kumar and two other persons and thereafter, hit a Tata Indica Car resulting in injuries to the rakesh Kumar. He was taken to Trauma Center and thereafter to LNJP Hospital for treatment.

(3.) RAKESH Kumar has claimed compensation in the sum of Rs. 10lac from respondent no. 2 and3 herein and the appellant.