NEW INDIA INSURANCE CO LTD Vs. GULAB SINGH

JUDGEMENT

(1.) Heard Sri Rakesh Bahadur, learned counsel for the appellant and Sri S.D. Ojha, learned counsel representing the claimant-respondent nos. 1 and 2.

(2.) This appeal under Section 173 of Motor Vehicles Act, 1988 has been preferred by the Insurance Company assailing the correctness of the award dated 25.09.2014 passed by Additional District Judge/Motor Accident Claim Tribunal, Court No.13, Meerut in Motor Accident Claim Case No.1279 of 2011, Gulab Singh and another Vs. Smt. Parul Sharma and another whereby the Tribunal has awarded compensation of Rs.13,05,000/- along with interest to the claimants against the Insurance Company.

(3.) Relevant facts giving rise to the claim petition are that in the forenoon of 02.10.2011 Govinda (deceased) was travelling by private bus no. DL IP 8059 along with other passengers which was going from village Jaiee to Meerut city. At about 11.30 a.m. the bus stopped near Jail Chungi Chopla for the passengers to deboard. The deceased while trying to step down from the bus fell down as the driver of the bus suddenly started without giving sufficient time to the deceased to get down and as a result he was crushed under the wheels of the bus. The deceased suffered severe injuries which later on proved fatal. First information report of the accident was lodged at Police Station Civil Lines, Meerut on 02.10.2011 at 9.15 P.M. and registered as Case Crime No. 550 of 2011 under Section 279/304 I.P.C.