NEW INDIA ASSURANCE CO LTD Vs. SAKILA

JUDGEMENT

(1.) NEW India Assurance Company has filed this appeal under Section 173 of motor Vehicles Act, 1988 (for short as "act") against award dated 8th July, 2008 passed by Ms. Neena Bansal Krishna, Judge MACT (for short as "tribunal"), Delhi.

(2.) BRIEF facts of this case are that on 4th Otober, 2001, at about 5. 15 p. m. deceased (Mohd. Mosim) was going on his cycle and had reached near Sabzi mandi, Rani Bagh, Delhi, when a truck bearing No. DIG 2790, which was being driven at a high speed and in a rash and negligent manner by respondent No. 10 came from the side of Nilamber Appatments, Sainik Vihar and hit the cycle of the deceased, due to which deceased sustained fatal injuries. The truck is owned by respondent No. 11 and is insured with the appellant.

(3.) RESPONDENT No. 10/driver did not appear despite service before the tribunal and was proceeded ex-parte on 17th April, 2002.