LAWS(DLH)-2008-5-342

NEW DELHI Vs. SH VIJAY SINGH

Decided On May 09, 2008
NEW INDIA ASS. CO. LTD Appellant
V/S
SH. TRILOK SINGH, (OWNER), SH. SANTA SINGH Respondents

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.) THE Tribunal vide impugned judgment, awarded compensation of rs. 3,85,000/- by adopting multiplier of 13 on account of loss of dependency; rs. 40,000/- on account of loss of love and affection and consortium; Rs. 15,000/- for funeral expenses, totaling Rs. 4,40,000/- along with interest @ 7. 5% per annum from the date of filing of the petition till its realization.