NEW INDIA ASSURANCE CO. LTD. Vs. PINA DEVI

JUDGEMENT

(1.) Aggrieved against award dtd. 24/5/2017 passed by learned Motor Accident Claims Tribunal (IV), Shimla (for short. 'The Tribunal') in MAC Petition RBT No. 76-S/2 of 2014/12, the appellants have filed the instant appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short, 'The Act').

(2.) Respondents No. 1 to 3 (hereinafter referred to as the 'Claimants') filed claim petition under Sec. 166 of the Act for compensation on account of death of Sh. Shiv Bahadur in an accident involving motor vehicle. It was alleged that on 7/8/2011 at about 9.45 A.M. the deceased Sh. Shiv Bahadur was walking on the side of the road at place 'Talland' in Shimla and was hit by a bus bearing registration No. HP-63-0115. The bus was owned by respondent No.4 (hereinafter referred to as the 'owner') and was being driven by respondent No.5 (hereinafter referred to as the 'driver').

(3.) The cause of accident was attributed to rash and negligent driving of the driver.