NEW INDIA ASSURANCE CO LTD Vs. MANJIT SINGH

JUDGEMENT

(1.) The present appeal has been filed by M/s New India Assurance Company Limited against the judgment and award of the Claims Tribunal, Delhi dated 02.11.2006 whereby the learned Claims Tribunal passed an award in the sum of Rs.10,25,000/- with interest @ 6% per annum from the date of the petition till its realization in favour of the respondents Nos. 1 to 3 with a direction to the Insurance Company to pay the same within 30 days of the passing of the award.

(2.) The facts leading to the filing of the claim petition as set out in the claim petition are that on 29.03.2001, the respondent No.1/claimant alongwith his wife, Smt. Jasmeet Kaur and son, Charanjit Singh on his arrival at the New Delhi Railway Station from Punjab, boarded an auto-rickshaw bearing No. DL-1RE-1603 from New Delhi Railway Station to his house at Tilak Nagar. At about 5.45 a.m. when it reached Patel Nagar, the auto-rickshaw, which was being driven rashly and negligently and at a high speed, turned turtle resulting in all the aforesaid persons sustaining grievous injuries. Smt. Jasmeet Kaur succumbed to the said injuries almost immediately thereafter.

(3.) Respondents Nos. 1 to 3 are the legal representatives of the deceased, Smt. Jasmeet Kaur. The respondent No.4, Sh. Ashok Kumar is the auto-rickshaw driver, who is the principal tort feasor in the instant incident. The respondent No.5, Ashok Jain is the previous owner and the respondent No.6, Sh. Sanjay Gupta @ Sanju is the present owner of the aforesaid auto-rickshaw. The respondents No.4, 5 and 6 as well as the appellant were duly served with the notice of the filing of the claim petition and contested the case before the Claims Tribunal.