NEW INDIA ASSURANCE CO LTD Vs. SUJATA

JUDGEMENT

(1.) By way of this appeal under Section 173 of the Motor Vehicles Act, 1988, the Appellant-New India Assurance Co. Ltd. seeks setting aside of the order dated 14th July, 2010 passed by the Motor Accident Claims Tribunal, Central District, Delhi, whereby and where under an award in the sum of 7,64,400/- with interest @ 7.5% per annum from the date of the filing of the petition till the date of realization was passed.

(2.) The brief facts giving rise to the claim petition are that the deceased Sh. Laxmi Narain had gone for pilgrimage to Balaji in District Alwar, Rajasthan. On 15th September, 2005, at about 6.45 a.m. when he was driving back to Delhi in a Qualis car bearing registration No. DL-6C-G-6372 and had reached Shilalpur, near bus stand Tijara, Distt. Alwar, his Quails car struck against a Tata 1612, bearing registration No. RJ-0Z-G-3895, which was parked negligently in the middle of the road, without any indication or parking lights, by its driver, the Respondent No. 6 herein. As a result thereof, the deceased died at the spot while five other persons accompanying him sustained grievous injuries.

(3.) Though all the Respondents were duly served in the claim petition, written statement was filed only by the Respondent Nos. 8 and 9, apart from the Appellant herein. The Appellant - Insurance Company, in its written statement, admitted that the offending vehicle bearing registration No. RJ-0Z-G-3895 was insured with it in the names of Smt. Reena Devi and Rajesh Kumar jointly arrayed as Respondent No. 7 herein.