NEW INDIA ASSURANCE COMPANY LIMITED Vs. USHA RANI

JUDGEMENT

(1.) This appeal by the Insurance Company is directed against the award dated 15.10.2009, passed by the learned Motor Accident Claims Tribunal, Ropar, vide which the claim petition filed by widow and minor children of deceased Balram Singh, was allowed.

(2.) Balram Singh, who was running a tea-stall, was standing in his tea stall situated at new bus stand Ropar, one bus of Ambala Bus Syndicate bearing registration No.PB-12-H-2730 driven by respondent No. 1, in a rash and negligent manner at a very high speed came from old bus stand side, and while overtaking a tipper bearing No.JH-05-A Temp 4268, which was coming from old bus stand side towards new bus stand, driven by re spondent No.4, Rajesh Kumar, at a very high speed.

(3.) The back portion of the bus hit against the tipper, as a result of which the driver of tipper lost control and struck the tipper against tea-stall of deceased Balram Singh, where he was standing along with 3-4 persons, who also received injuries. Due to the injuries suffered Balram Singh died at the spot. FIR No.37 dated 4.4.2006 under Sections 279, 337 and 304-A IPC was registered at Police Station, Ropar.