V.B. GUPTA, J.

1. This is an appeal u/s 173 of the Motor Vehicles Act,1988 (for short as the "Act") filed by National Insurance Ltd. against the order dated 13.09.05, passed by Ms. Ravinder Kaur, Judge, Motor Accident Claims Tribunal (for short as "Tribunal"), Delhi.

2. Facts in brief necessary for disposal of the present appeal are that on 25.12.03 at about 8.30p.m., the deceased, Sh. Devender Singh along with his wife was returning back to his home from the Gurudwara situated at Rajouri Garden. When they were crossing the Ring Road near the aforesaid Gurudwara, all of a sudden the offending vehicle tempo No. DL-IL-B-5759, driven rashly and negligently by its driver, came and hit the deceased. As a result, the deceased fell down on the pavement and sustained grievous injuries all over his body. After hitting, the driver of the said offending vehicle sped away towards Raja Garden along with the offending vehicle and Devender Singh was rushed to Kukreja Hospital in a precarious condition by a car bearing No. DL 6CD 4415. Thereafter, the driver of the offending vehicle stopped near police booth at Raja Garden Chowk and one Mr. Dharmendar, who was sitting just beside the driv