THE ORIENTAL INSURANCE CO LTD Vs. OM PRAKASH S/O SH HUKAM CHAND; SMT MURTI W/O SH OM PRAKASH; SUKHBIR SINGH S/O SH GURDIAL SINGH; PARAMJEET SINGH S/O SH HARBANS SINGH

JUDGEMENT

(1.) The appellant/Insurance Company has filed present appeal under Section 173 of the Motor Vehicles Act, 1988 (for short as Act ) against the award dated 3rd May, 2008 passed by Ms. Deepa Sharma, MACT (for short as Tribunal ), New Delhi.

(2.) Brief facts of this case are that on 28th October, 2003, respondent No. 1 was coming on his scooter No. DL-4-SC-1977 along with his brother Phol Singh and his daughter Riya, aged 31/2 years, who was standing on scooter in front of respondent No. 1. While coming from Janak Puri and going towards Sangam Vihar via alof palame Marg at about 8.15 a.m., when they reached Sector 3, Masjid, R.K. Puram Red Light, respondent No. 3/Sukhbir Singh came driving taxi No. DL-IT-3078 in a rash and negligent manner and at a high speed, and overtook the scooter and suddenly applied brakes. Due to sudden application of brakes by respondent No. 3, the scooter of respondent No. 1 got hit at the back of the taxi and as a result thereof, his daughter sustained injuries as the handle of the scooter struck in her chest. She was taken to the Hospital South Point, GK-II, Masjid Moth. After giving first aid, she was referred to Govt. hospital and was brought to Safdarjung hospital where she was declared brought dead. The accident has taken place due to rash and negligent driving on the part of respondent No. 3.

(3.) The offending vehicle was owned by respondent No. 4/Paramjeet Singh and it is insured with appellant/Insurance Company.