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 'act') challenging the judgment, dated 11th January, 2008 passed by Sh. J. P. S. Malik, Judge mact.

(2.) THE facts of this case are that on 14th June, 2000, the deceased Rajesh saha died due to injuries received by him in an accident near Ganda Nala, sarai Kalen Khan, Delhi. This accident was caused due to rash and negligent driving of vehicle No. DIG 4727 which was being driven by respondent No. 4. The vehicle in question is owned by respondent No. 5 and insured with the appellant. The 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, the Tribunal awarded a compensation of rs. Rs. 2,80,005/- along with simple interest @ 9% p. a. from the date of filing of the petition.