NATIONAL INSURANCE CO. LTD Vs. P.V. LONAN

JUDGEMENT

(1.) NATIONAL Insurance Company/appellant herein, has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short as "Act") against the award dated 13th March, 2008 passed by Sh. J.P.S. Malik, Judge, MACT (for short as "Tribunal"), New Delhi, vide which claimants were awarded compensation to the tune of Rs. 3,79,968/- along with simple interest @ 9% p.a. from the date of filing of the petition till realization.

(2.) BRIEF facts of this case are that on 9th February, 2002, Late Latish Kumar was going to Mayur Vihar Phase III from Connaught Place, New Delhi as a pillion rider on motorcycle No.DL-3SE-7813, which was being driven by Mr. Rajesh Kumar and they were proceeding via Pragati Maidan, ITO Road. It is alleged that when deceased and Rajesh Kumar reached near Nizamuddin bridge and were taking a turn towards the bridge and near the merging point, they were hit by a chartered bus No. DL-1P-A-5581, which was being driven in a rash and negligent manner. The scooter was hit by the bus from behind, due to which Rajesh Kumar and deceased fell down on the road and both of them sustained injuries. Rajesh Kumar suffered minor injuries whereas, deceased Latish Kumar suffered grievous injuries. Deceased was shifted to Jeevan Anmol Hospital, Mayur Vihar but he succumbed to his injuries and died on 9th February, 2002.

(3.) DRIVER and owner of the offending bus had filed joint written statement stating that there is no cause of action against these respondents, as no accident has taken place on the given date and time. It is further stated that the deceased was a pillion rider on a two wheeler vehicle and the driver of two wheeler was very rash and negligent and was driving the same in a zig-zag manner on the Nizamuddin bridge. However, the bus driven by respondent/driver had over took the motorcycle while the bus was on the right side of the motorcycle and the motorcyclist perhaps lost his balance and struck the motorcycle on the road and sustained injuries and thus the motorcyclist himself was rash and negligent.