1. Banarsi Gupta, aged about 44 years, suffered injuries on 09.08.2009 sometime around 8.15 p.m. in the area of bus terminus at Sarai Kale Khan within the jurisdiction of police station Hazrat Nizamuddin and was taken to All India Institute of Medical Sciences, Trauma Centre (AIIMS). He was declared dead at about 9.40 p.m., the efforts to assist him medically having failed. The accident claim case (suit no.152/11/09) was instituted on 18.09.2009 by his wife and other members of the family dependent on him, they being the respondents impleading the appellant as the second respondent on the allegations that the deceased had suffered injuries due to negligent driving of a bus bearing registration no.UP-84F-9516 by its employee/driver Brij Mohan who was also shown in the fray as the first respondent before the tribunal.

2. The Motor Accident Claims Tribunal (Tribunal) held inquiry and, by judgment dated 02.12.2013, upheld the case of negligent driving of the bus by the employee of the appellant, this on the basis of eye witness account of Yogender Pandey (PW-2), rejecting the evidence led on behalf of the appellant by the testimonies of the said driver (R1W1) and conductor Pra