ORIENTAL INSURANCE CO Vs. MANGAT RAM

JUDGEMENT

(1.) This is an appeal brought by the Insurance Company, challenging the award dated 1.5.2010 passed by Motor Accidents Claims Tribunal, Palwal (for short, "the Tribunal"), whereby, a sum of Rs. 5,99,481/- has been awarded as compensation to the petitioners, the dependents of Gaurav Singla (deceased). The case set-up by the claimants is as under:-

(2.) On 9.8.2005, Gaurav Singla along with his friends boarded a bus bearing registration No. HR-38N-3003. He started his journey from Utawar to Palwal. When the bus was near Village Rupraka Mor, respondent No. 1, driver of the bus, turned the bus in a rash and negligent manner, as a result of which, Gaurav Singla fell down from the bus and suffered serious injuries. Gaurav Singla was taken to General Hospital, Hathin, wherefrom, he was shifted to Diamond Hospital, Palwal. He was further referred to Sunflag Hospital, Faridabad and lastly, he remained admitted at Ram Manohar Lohia Hospital, New Delhi from 9.8.2005 to 30.8.2005. Despite many operations, he could not recover and died on 7.3.2006.

(3.) Written statement was filed on behalf of respondent No. 2, who has denied the allegations of the claimants against itself as well as against the driver. It is denied that there was any negligence on the part of the driver in driving the vehicle at the time of accident.