(1.) INSTANT appeal has been preferred by the appellant / insurance company assailing the impugned award dated 28.10.2006 passed in Suit no. 676/2000, whereby the ld. Tribunal has awarded compensation for a sum of Rs.10,48,280/ - with interest @ 7.5% per annum from the date of filing of the petition till the date of its realization in favour of the respondents / claimants.
(2.) BRIEF facts of the case are that on 27.02.1998 deceased Ram Manohar was going on foot along with injured Subhash. At about 10.57 PM when they reached near D -195, Okhla Industrial Area, Phase -I at S.A. Road, New Delhi, all of a sudden a truck trailor no. HR -38A -8750 came at a very fast speed which was being driven by respondent no. 6 in a rash and negligent manner in contravention of the traffic rules and hit the deceased and one subhash with great force. As a result of the forceful impact, the deceased fell down on the road and sustained fatal injuries. The other person Subhash as noted above also sustained grievous injuries.
(3.) LD . Counsel further argued that the ld. Tribunal also erred in the assessment of gross salary of the deceased that at the time of superannuation the monthly salary would be about Rs.10,000/ -. He submitted that keeping in view the evidence on record, ld. Tribunal should have considered the monthly income of the deceased at Rs.6,634.50/ -.