ORIENTAL INSURANCE CO LIMITED Vs. RAJINDRI

JUDGEMENT

(1.) This is an appeal under Section 173 of the Motor Vehicles Act, 1988 (for short as the 'Act') against the award dated 11.12.07 passed by Sh. J.P.S. Malik, Judge, Motor Accident Claims Tribunal (for short as the 'Tribunal'), New Delhi.

(2.) Brief facts of the case are that on 1.8.99 deceased Beer Singh @ Billoo was coming from his farm house on two wheeler scooter and at about 1.40 pm, when he reached at Sant Yoga Ashram, Fatehpur Beri, Delhi, he was hit by tempo no. DL-1L-C-9634 which was being driven by respondent no.6 herein, in a rash and negligent manner, came from the side at Sant Yoga Ashram. It is alleged that deceased fell down on the road because of the impact and sustained grievous injuries. He was removed to AIIMS Hospital, where he was diagnosed having suffered fracture of left tibia severe head injuries.

(3.) It is further stated that deceased was again admitted at Vimhans Hospital, Nehru Nagar, New Delhi where he remained admitted up to 09.08.99 and treatment continued even after discharge of the deceased from the hospital and he ultimately succumbed to the injuries on 17.07.2000.