NEW INDIA ASSURANCE CO LTD Vs. ANSUIYA DEVI

JUDGEMENT

(1.) THE present appeal under Section 173 of the Motor Vehicles Act, 1988 (for short as "act") has been filed by the Insurance Company against the impugned award dated 7th May, 2008 passed by Sh. J. P. S. Malik, Judge, MACT (for short as "tribunal"), New Delhi.

(2.) BRIEF facts of this case are that on 25th March, 1998, deceased Gobind singh Negi was travelling in bus No. DL-IP-6046 from Minto Road to Safdarjung airport bus stand for going to Prem Nagar there from.

(3.) IT is alleged that the bus was not stopped at Safdarjung Airport bus stand by the driver and when deceased requested for stopping the bus, the driver applied brakes at some distance after crossing the bus stand. Due to the sudden jerk, the deceased who was standing nearby the front gate to get down of the bus, fell down from the bus and was run over and crushed under the wheels of the bus. It is further alleged that on falling down of the deceased, the bus driver instead of stopping the bus, speeded up the bus and took away the bus without caring for the safety of the deceased. The bus was driven by respondent no. 7/tejveer Singh and thus the accident was caused due to rash, negligent and careless driving of this respondent.