NEW INDIA ASSURANCE CO LTD Vs. MST SAIRA

JUDGEMENT

(1.) These appeals arise against the award of the Motor Accidents Claims Tribunal (Ilnd Additional District Judge), Bijnor, dated September 17, 1977. Facts relevant for the purpose of these appeals lie within a narrow compass. The accident occurred on June 21, 1972. Bus No. UPN 3345 belonging to Irshad Ali and driven by his driver, Mohd. Ibrahim, dashed against tempo No. USH 5645 of which Hazi Abdul Wadood was the proprietor. This took place near village Dewanpura, District Bijnor. The bus was insured with M/s. New India Assurance Co. Ltd. (hereinafter referred to as " the appellant."). Further details relevant to these appeals are as under:

(2.) Upon consideration of the evidence, the Tribunal came to the finding that the driver of the bus was rash and negligent. The tempo was being taken on its left. The bus came over to the wrong side and dashed against the tempo without there being contributory negligence on the part of the tempo driver.

(3.) Aggrieved, the appellant has preferred the appeals aforementioned, except the First Appeal From Order No. 586 of 1978 which shall be dealt with separately hereinafter.