LAWS(DLH)-2017-12-284

PHOOLWATI & ANR Vs. DEVENDER & ORS

Decided On December 11, 2017
Phoolwati And Anr Appellant
V/S
Devender And Ors Respondents

JUDGEMENT

(1.) The appellant had instituted accident claim case (MACT No.05/12/06) on 11.09.2006, seeking compensation under Sections 166 and 140 of the Motor Vehicles Act, 1988, on account of death of retired Lt. Col. Om Prakash, in a motor vehicular accident that had occurred on 30.08.2005, due to negligent driving of motor vehicle described as truck bearing registration No.HR-55-7994, which was admittedly insured against third party risk with the third respondent (insurer) for the period in question.

(2.) The tribunal decided the said case, by judgment dated 12.09.2012, and awarded compensation in the total sum of Rs.4,75,312/-, with interest @ 9% per annum, fastening the liability on the insurer to pay.

(3.) The appeal was filed submitting the prime grievance that the loss of dependency had not been properly evaluated.