LAWS(DLH)-2008-5-227

ROYAL SUNDRAM ALLIANCE NORTHERN REGIONAL Vs. RAM RATTAN

Decided On May 30, 2008
ROYAL SUNDRAM ALLIANCE NORTHERN REGIONAL OFFICE Appellant
V/S
RAM RATTAN Respondents

JUDGEMENT

(1.) INSURANCE Company has filed the present appeal under Section 173 of the Motor Vehicles Act, 1988 (for short as 'act') against the award dated 29th January, 2008, passed by MACT in this case.

(2.) THE facts in brief are that on 19th November, 2004 at about 9. 10 a. m. deceased Devender was going on his Motor Cycle No. DL-4s-AR-3084. When the deceased reached near Chowk, Sector 8-9, Dwarka, an Optra Car No. DL-3c-AE-0339 came at a very high speed and hit the Motor Cycle of the deceased. The car was being driven in a rash and negligent manner by respondent No. 4. As a result of this impact by the car, Devender died at the spot. The deceased was aged about 22 years and was working with M/s. Carex Cargo Forwarders Pvt. Ltd. on a monthly salary of Rs. 4,500/ -. He possessed sound health, free from any kind of ailments. He was the only bread earner of the family. The offending vehicle was owned by respondent no. 5 and it was insured with the appellant.

(3.) VIDE the impugned judgment, the Tribunal awarded a compensation of Rs. 7,22,000/- along with 7% interest from the date on which the appellant had made the payment of the interim award.