NEW INDIA ASSURANCE CO.LTD Vs. GIRWAR SINGH

JUDGEMENT

(1.) THE present appeal under sec. 173 of theMotor Vehicles Act, 1988(for short as the ?act?) has been filed by the Appellant/insurance Company against the judgment and order dated 04.02.08 passed by Sh. Suresh Chand Rajan, judge, Motor Accidents Claims Tribunal (for short as the ? tribunal?), Delhi.

(2.) BRIEF facts of the case are that on 05.01.02 at about 11.00p. m. Dalbir singh, Respondent no.1, aged 33 years, was going to his house on his scooter, one truck bearing registration no. HR -38 -E - 8698 being driven by Girwar Singh, respondent no.2 came at a fast speed and in a rash and negligent manner and hit the scooter of the Respondent no.1. Due to impact, Respondent no.1 fell on the road and sustained injuries.

(3.) UPON the petition being filed, summons were sent to the Respondents. The Respondent no.2 who was driver as well as the owner of the offending vehicle, in its written statement denied the factum of the accident as well as involvement of offending vehicle in any accident.