NEW INDIA ASSURANCE COMPANY LTD Vs. RAMESH

JUDGEMENT

(1.) With the consent of the counsel for the Appellant and the Respondents No. 1 and 2, the appeal is taken up for final hearing. In view of the fact that the present appeal has been filed by the Appellant - Insurance Company challenging the quantum of compensation, notice to the Respondent Nos. 3 and 4, who are the owner and the driver of the offending vehicle, is dispensed with.

(2.) The present appeal filed under Section 173 of the Motor Vehicles Act, 1988 seeks to assail the award dated 23.07.2010 passed by the Motor Accident Claims Tribunal, Rohini, Delhi in Claim Petition No. 99/2010 titled as "Shri Ramesh and Anr. v. Shri Netarpal and Ors." whereby the Appellant Insurance Company has been held liable to pay compensation to Respondent No. 1 and 2 in the sum of Rs. 4,77,120/- alongwith interest at the rate of 7.5% per annum.

(3.) The brief facts leading to the filing of the claim petition are that one Shri Uma Shankar died in a motor accident on 16.11.2006 while he was driving a motorcycle and was hit by a speeding truck coming from the opposite direction and plying on the wrong side. He was survived by the Respondents No. 1 and2, being his father and mother, who filed a claim petition under Section 140 and 166 of the Motor Vehicles Act, 1988 seeking compensation for his untimely demise. The Respondents No. 1 & 2 claimed in the claim petition that the deceased Sh. Uma Shankar was doing the job of a driver but they did not place any material on record regarding the salary of the deceased.