NEW INDIA ASSURANCE CO LTD Vs. VIPIN BHARDWAJ

JUDGEMENT

(1.) INSTANT appeal has been preferred against the impugned award dated 23.11.2011, whereby ld. Tribunal has granted compensation for a sum of Rs.99,407/- in favour of the respondent no. 1 / injured with interest @ 7.5% per annum from the date of filing the petition till its realization.

(2.) THE appellant also challenged the direction to deposit the award amount within 30 days from the date of the impugned order failing which interest @ 12% per annum shall be charged w.e.f. 09.08.2011 (judgment reserved) till realization.

(3.) LD . Counsel appearing on behalf of the respondent no. 1 / injured submits that keeping the injuries into view and the loss of study to respondent no. 1 / injured, ld. Tribunal has rightly awarded the compensation for a sum of Rs.99,407/-. The appellant has not disputed the issue no. 1. Therefore, it is proved that the respondent no. 1 / injured sustained injuries on 16.12.2010 due the rash and negligent driving of tractor bearing registration no. HR-13D-4381 by respondent no. 2 Rattan Kumar. To this effect FIR has been proved as Ex.PW1/1, site plan as Ex.PW1/2, arrest memo of respondent no. 2 Rattan Kumar, driver of the offending vehicle as Ex.PW1/3. Thus it is proved that the driver of the offending vehicle was negligent while committing the accident in question.