NEW INDIA ASSURANCE COMPANY LTD Vs. SUNITA BHANDARI

JUDGEMENT

(1.) THIS appeal has been filed by the Appellant/insurance Company against an award given by the MACT dated 11th March, 2008, whereby Namita Bhandari, the deceased, aged about 8 years, who was studying in Geeta Bal Bharti School, situated at Krishna Nagar, East Delhi while going through narrow passage situated by the side of the building of the school to drink water was hit by the truck passing by the side and in the process, deceased Namita Bhandari was crushed between the rear portion of the Truck and the wall. The truck bearing no. DHG-3272, which caused the accident was being driven by Trilok Raj, who was impleaded as respondent No. 3 in the accident claim petition. The truck was owned by Sh. Vijay Pal Singh, who was impleaded as respondent No. 2, who has since died and his legal heirs were brought on record.

(2.) THE Tribunal after taking into consideration the evidence which came on record and after hearing the parties, decided to award a compensation to the legal heirs of the deceased to the tune of Rs. 4,60,005/- (inclusive of the interim award of Rs. 50,000/- passed on 23rd September, 1999) along with interest @ 9% p. a. from the date of filing of the petition i. e. 19th February, 1996 till realization. The compensation was awarded by taking prospective notional income of child @ Rs. 40,000/- per annum and by taking multiplier of 15.

(3.) THE appellant assailed the impugned award primarily on the following grounds:-