ORIENTAL INSURANCE CO LTD Vs. ARUN SAHA

JUDGEMENT

(1.) ORIENTAL Insurance Co. Ltd. has filed the present appeal under section 173 of the Motor Vehicles Act, 1988 (for short as 'the Act') challenging the judgment dated 11. 1. 2008 passed by mr. J. P. S. Malik, Judge, Motor Accidents claims Tribunal.

(2.) THE facts of this case are that on 14. 6. 2000, the deceased Rajesh Saha died due to injuries received by him in an accident near Ganda Nala, Sarai Kale Khan, delhi. This accident was caused due to rash and negligent driving of vehicle No. DIG 4727 which was being driven by res-pondent No. 4. The vehicle in question is owned by respondent No. 5 and insured with the appellant. Deceased was doing the work of kabari and the offending vehicle was dumping the garbage and was being driven in a rash and negligent manner by its driver.

(3.) VIDE impugned judgment, Tribunal awarded a compensation of Rs. 2,80,005 along with simple interest at the rate of 9 per cent per annum from the date of filing of the petition.