NEW INDIA ASSURANCE CO LTD Vs. SUSHILA

JUDGEMENT

(1.) THIS appeal filed by the Appellant - Insurance Company seeks to assail the judgment dated 28th August, 2010 passed by the learned Motor Accident Claims Tribunal, Dwarka, New Delhi, in M.A.C. Pet. No. 164/2008 titled as "Sushila and Ors. v. Uttam Kumar and Ors.", whereby and whereunder an award in the sum of Rs. 26,56,000/ - with interest @ 9 % per annum from the date of the filing of the petition till the date of its realization was passed against the Appellant and in favour of the Respondents No. 1 to 6.

(2.) IN a nutshell, the facts leading to the filing of the present appeal are that on 30.12.2006, one Banwari Lal (hereinafter referred to as "the deceased") was hit by a truck No. RJ -06 -GA -1820 from behind while he was going on motorcycle near the Petrol Pump, Nangli Dairy, Delhi. As a result of the accident, the deceased received fatal injuries. A claim petition was filed by the widow of the deceased, their four children and the father of the deceased, being Respondents No. 1 to 6 herein.

(3.) MR . Nandwani, the learned Counsel for the Appellant challenged the award on three counts: