BHARAT GULLUANI & OTHERS Vs. ASLAM & ANR

JUDGEMENT

(1.) Present appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 (for short as 'Act') challenging the order dated 19th May, 2008 passed by Smt. Swarana Kanta Sharma, Judge, MACT Delhi (for short as 'Tribunal').

(2.) Brief facts of this case are that on 22nd December, 2004 deceased Naubat Ram was going to Punjab National Bank, Kirti Nagar Branch from his residence at Karampura on his bicycle. When he reached at Mochi Market, opposite Natraj Cinema, Kirti Nagar, all of a sudden a TSR bearing registration No. DL 1R F 1874 driven by respondent No. 1 in a rash and negligent manner at a high speed had hit him. Due to the impact, deceased had fallen down on the road and had sustained grievous injuries and later on he died.

(3.) Respondent No. 1 in his written statement took the plea that he has been falsely implicated in this case and there was no negligence on his part and the vehicle was not being driven in a rash and negligent manner.