SATVANKAUR HARJITSINGH VIG Vs. AARTI JAYANT LALWANI

JUDGEMENT

(1.) THIS writ petition under article 227 of the Constitution of India is preferred by the widow and two children of the deceased Harjitsingh Vig against the refusal of the Motor Accidents Claims tribunal, Mumbai, to grant the compensation on no fault basis as contemplated by section 140 of the Motor Vehicles Act, 1988, hereinafter referred to as 'the Act'.

(2.) ONE Harjitsingh Vig, a taxi driver, died in the following circumstances: on 12. 1. 1999 he was admitted to Sion hospital and then to Mahalaxmi Hospital since he was suffering from high fever. He was also said to be suffering from diabetes. On 13. 1. 1999 the doctors advised that he be removed to Leelavati Hospital. His widow, therefore, engaged an ambulance bearing registration No. MMK 4119 for taking him to Leelavati Hospital.

(3.) THE ambulance proceeded towards leelavati Hospital at Bandra with the siren on. When it was negotiating Mahim junction, a car collided with it. According to the petitioners, the deceased who was on a stretcher inside the ambulance fell on the floor of the ambulance. The ambulance was rendered immobile, because it was entangled with the car. The petitioner No. 1 pleaded for help to remove her husband to Leelavati Hospital but none came forward to help her. The traffic police were busy in dispersing the crowd and called for a van to tow the immobilised ambulance to the hospital, instead of removing the deceased to the hospital by some other method. This caused a delay of about 21/2 hours in reaching the hospital.