NEW INDIA ASSURANCE COMPANY LTD Vs. INDIRA RANI

JUDGEMENT

(1.) THE present appeal is directed against the impugned award dated 05.10.2010, whereby Ld. Tribunal granted compensation for a sum of Rs.16,57,300/ - with interest @ 7.5% per annum for a period of three years.

(2.) BRIEF facts of the case are that on 18.11.2005, deceased Dhan Singh was going on his motorcycle No. DL -4S -AJ -0957 from Gurgaon to Nangloi. At about 7.50 PM when he reached near bus stand, Village -Chawla, opposite Govt. School, Delhi, within the jurisdiction of PS -Nazafgarh, New Delhi a Truck bearing no. DL -1GA -8848 driven by its driver, respondent no. 6 in a rash and negligent manner, came from the side of Bijwasan and overtook the motorcycle of the deceased from wrong side, due to which, he was sandwitched between the offending vehicle and the divider. The deceased fell down on the road and came under the rear right side wheel of the offending vehicle and died at the spot.

(3.) PW 1, Indira Rani, wife of the deceased stated in her affidavit that the deceased was in a private service and was earning Rs.12,500/ - per month. He used to work in S. Trading Engineers Service Centre Pvt. Ltd as a Service Manager. It is further stated that the said factory was closed w.e.f 01.02.2005 and its employees were retrenched.