NATIONAL INSURANCE CO LTD Vs. BELA JAIN

JUDGEMENT

(1.) By this common judgment, I shall dispose of the above two appeals filed by the Appellant-Insurance company.

(2.) These two appeals have been filed under Section 173 of the Motor Vehicles Act, 1988 (for short as 'Act') against the impugned judgment dated 12th September, 2007 passed by the Dr. T.R. Naval, Judge, MACT (for short as 'Tribunal').

(3.) Brief facts of this case are that on 18th July, 2004 at 1.20 P.M., deceased Mukesh Jain, was driving his two wheeler scooter No. DAI-1835 on which his son namely Master Shashank Jain was pillion rider. When they reached near SDM office, Geeta Colony, Delhi, all of a sudden the offending motorcycle bearing No. DL-7S-G-3282 being driven by its driver respondent Jatin Singh, in a very rash and negligent manner, without blowing any horn, tried to overtake the scooter of the deceased and in that process struck against the scooter of the deceased with a great force due to which the deceased and his son were thrown on the road. The deceased was immediately admitted to the hospital but he could not survive and died. Master Shashank sustained grievous injuries.