NEW INDIA ASSURANCE CO LTD Vs. SONMATI

JUDGEMENT

(1.) This appeal is directed against the judgment dated 11.5.1999 of the Motor Accident Claims Tribunal, Delhi in Suit No.8/ 98 whereby the Tribunal awarded a sum of Rs. 4,32,000/- together with interest of 12% per annum from the date of filing of the petition till realization.

(2.) Brief facts of the case as noted by the Tribunal are as follows: -

(3.) It is contended by counsel for the appellant that there is nothing on record to show that the deceased was traveling in the tempo not for reward and he is an unauthorized passenger. With the assistance of counsel, I have gone through the material on record. It appears to me that the Tribunal has relied upon the evidence of PW- 1, Ram Shanker who was a co-passenger and a co-vegetable seller in the vehicle that met with the accident. The Tribunal has also noted as follows:-