UNITED INDIA INSURANCE CO LTD Vs. SHELA DEVI

JUDGEMENT

(1.) Adarsh Kumar Goel and Mahesh Grover, JJ. This appeal has been preferred by the Insurance Company against the award of the Motor Accident Claims Tribunal (for short, 'the Tribunal") awarding Rs.2,50,000/- to the heirs of the deceased Pal.

(2.) Case of the claimants is that the deceased Pal boarded bus No. HR-46-2264 on 25th October, 2002, at 10.30 a.m. from Village Julana for going to Khanda Kheri. The bus was fully loaded with the passengers and wasbeing driven by Rajbir,driver, rashly and negligently, on account of which, the deceased fell down from the window of the bus, but the driver continued to drive the bus in spite of alarm raised by the passengers. The matter was reported to the police. The post-mortem of the deceased was conducted.

(3.) The driver, owner and the Insurance Company contested the claim. The stand of the driver was that the deceased did not die due to injuries sustained in the accident, but he died by suffering heart attack. Following issues were framed: