NEW INDIA ASSURANCE CO LTD Vs. SANTOSH RAJ

JUDGEMENT

(1.) Instant appeal has been preferred against the impugned award dated 07.01.2012, whereby, ld. Tribunal has granted compensation of Rs.5,74,900/- with interest @ 7.5% per annum from the date of filing of the petition till realization.

(2.) Ld. Counsel appearing on behalf of the appellant has argued the instant appeal only on the ground that there was no negligence on the part of the offending vehicle despite that ld. Tribunal has granted compensation as noted above; and fastened the liability on the appellant.

(3.) On perusal of record, it is established that PW1Santosh Raj, mother of the deceased has proved the death certificate Ex.PW1/4. PW3, Constable Karamvir deposed that in the intervening night of 7/8.10.2009, he was on duty. A motorcycle and a truck were coming from Anand Vihar side. Some work was going on the road for construction of the Pulia and the building material was lying on the road. The truck driver tried to overtake the motorcycle and hit the motorcycle by the left side of the truck. He signalled the truck driver to stop. Thereafter, the motorcycle was removed. A PCR van came at the spot and took the injured to the hospital. Driver of the offending truck was arrested.