DELHI TRANSPORT CORPORATION Vs. JAGPATI DEVI

JUDGEMENT

(1.) This is an Appeal under Section 173 of the Motor Vehicle Act, 1988 (hereinafter referred to in short as the 'Act') against the judgment dated 29.6.1998 passed by the Motor Accident Claims Tribunal (hereinafter referred to in short as the 'Tribunal'). By the impugned judgment the Tribunal has awarded a compensation of Rs.4,83,000/- to the Respondents herein.

(2.) The Appellants i.e Delhi Transport Corporation being aggrieved by the same alongwith the driver of the vehicle Shri Vijay Pal Singh Appellant No.2 has preferred the present Appeal. The Appellants are aggrieved; on two grounds one; that the Tribunal has wrongly found that the Appellant No.2 was responsible for causing the death of the husband of Respondent No.1 due to rash and negligent driving of the bus bearing registration No. DBP 6030 (hereinafter referred to in short as the 'offending vehicle'); and the second ground of grievance is, with respect to, the compensation awarded to the Respondents herein.

(3.) In so far as the first ground is concerned, the grievance of the Appellants is that the Tribunal has relied upon the testimony of PW2 one Shri Tirath Pal Singh, as against that of, Appellant No.2 (RW1) i.e the driver who was examined as a witness on behalf of Appellants.