NATIONAL INSURANCE COMPANY Vs. PINKI DEVI

JUDGEMENT

(1.) NATIONAL Insurance Company has filed this appeal under Section 173 of Motor vehicles Act, 1988 (for short as 'act') seeking reduction of the amount of the award passed by Sh. A. K. Chawla, Judge MACT (for short as Tribunal'), Delhi.

(2.) THE brief facts of the case are that on 26th March, 2004 at about 11 p. m. deceased tarkeshwar was going to his house on scooter. No. DDJ-953 and when he reached Prem bari Pul Red Light, Ring Road, a Qualis Car no. PB-01 -4338 which was being driven by its driver who is respondent No. 4 herein, at a high speed, rashly and negligently came from behind and violently hit the scooter of the deceased. As a result thereof deceased sustained fatal injuries and died on 2nd April, 2004. Deceased was aged about 22 years and a hoarding designer and painter, earning rs. 5,000 per month. Respondent No. 5, herein is the owner of offending vehicle whereas the appellant is the insurer.

(3.) THE learned Tribunal vide impugned judgment dated 1st July, 2006 passed an award in the sum of Rs. 6,55,000 in favour of the claimants who are respondents 1 to 3 in the present appeal. In addition, the learned tribunal awarded interest @ 8% per annum from the date of filing of the petition till realization.