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2006 Supreme(Del) 2245

J.P.SINGH
United India Insurance Co. – Appellant
Versus
Panmeshwari Devi – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Vishnu Mehra, Adv. along with R.K. Kataria, Adv.
For Respondents/Defendant:S.K. Mishra and G.S. Tiwari, Advs. for respondent Nos. 1 to 5

JUDGMENT

J.P. Singh, J.

1. This appeal by the United India Insurance Company has been preferred against the judgment/award dated 6.7.2000 passed by Motor Accident Claim Tribunal (MACT) Delhi, awarding a sum of Rs. 79,200/- to the widow and four children of the deceased. Interest @ 12% per annum was also allowed from the date of filing of the petition till realization of the amount.

.2. I have heard Mr. Vishnu Mehra, learned Counsel for the appellant, and Mr. S.K. Mishra, learned Counsel for the respondents. None appeared for respondent No. 6 (Driver) and respondent No. 7 (owner) despite service by publication. They were ex-parte even before the MACT. I have gone through the impugned award and the record.

3. Briefly the facts are that late Dayanand, an agriculturist, aged about 40 years was traveling in a bus on 11.9.1986. The bus was operating under DTC. As Dayanand was getting down the bus from the front door, the driver suddenly started the bus at high speed. Dayanand fell down and was crushed under the wheel of the bus. The learned Judge MACT examined the site plan of the accident spot, post mortem report and oral evidence and held that the accident was the result of rash and ne


























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