NEW INDIA ASSURANCE CO LTD Vs. SUNNY

JUDGEMENT

(1.) THERE is twin challenge to the judgment dated 26.04.2012 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of Rs.4,74,580/ - was awarded in favour of Respondents no.1 to 3 for the death of Banwari Lal who suffered fatal injuries in a motor vehicular accident which occurred on 25.09.2009 at 5:15 a.m. while the deceased was sleeping on a cot outside his Jhuggi at F -Block, New Power House, J.J. Colony, Bawana, Delhi.

(2.) IT is urged by the learned counsel for the Appellant that the Claims Tribunal dealt with the aspect of negligence and simply awarded the compensation on the basis that a criminal case has been registered against the driver. It is also urged that the compensation towards non -pecuniary damages is on the higher side and that the counsel's fee and out of pocket expenses were not permissible.

(3.) THE case set up by the claimants was that while the deceased was fast asleep, the driver of truck bearing no.HR -69 -5966 unmindful of the fact that somebody was sleeping on a cot outside the Jhuggi reversed the truck in a rash and negligent manner and crushed the deceased.