UNITED INDIA INSURANC CO LTD Vs. REETA DEVI

JUDGEMENT

(1.) UNITED India Insurance co. Ltd. , the appellant in this case, has filed the present appeal under section 173 of Motor Vehicles Act, 1988 (for short as 'the Act') challenging the award dated 10. 9. 2007 passed by Mr. Chandra Shekhar, judge, M. A. C. T. , Delhi (for short as 'the tribunal' ).

(2.) THE facts of the present case in brief are that on 13. 6. 2006 at about 4. 15 p. m. , deceased Dinesh along with his wife Reeta devi was going to Vaishno Mata Mandir, gulabi Bagh, Delhi. At the time of crossing the road, i. e. , Kali Dass Marg, Vaishno mata Mandir, Gulabi Bagh, Delhi, a speeding TSR No. DL 1r-E 4701 came from the side of Chowki No. 2 in a rash and negligent manner and hit the deceased Dinesh resulting in injuries. Deceased was taken to Hindu Rao Hospital, Delhi but during the daytime he expired.

(3.) THE vehicle was being driven by subhash Chander, respondent No. 3, who is also the owner of the offending vehicle. Later on respondent No. 3 did not appear and vide order dated 14. 5. 2007 passed by the Tribunal, he was proceeded against ex pane.