NEW INDIA ASS. CO. LTD. Vs. VIJAY SINGH

JUDGEMENT

(1.) THE present appeal under Section 173 of the Motor Vehicles Act, 1988 (for short as the "Act") has been filed by New India Assurance Company Ltd. against the judgment dated 17.01.08, passed by Ms. Neena Bansal, Judge, Motor Accident Claims Tribunal (for short as "Tribunal"), Delhi.

(2.) BRIEF facts leading to dispute are that on 13.07.06 at about 9 pm, while the deceased, Sh. Sandeep was going to his house on his by -cycle, he was hit by tempo bearing no. DL -1LB -6226 which was being driven by Sh. Dan Singh, while in the employment of Sh. Trilok Singh, owner of the said vehicle, in a rash and negligent manner at a high speed. Because of the impact, deceased Sandeep sustained injuries and he was taken to Sushrut Trauma Center, where he died after one day.

(3.) IT has been contended by learned Counsel for the Appellant that the Tribunal has wrongly assumed income of the claimant and thus, awarded very high amount of compensation under different heads. The said accident took place on account of rash and negligent driving on the part of the deceased himself.