NATIONAL INSURANCE CO LTD Vs. ASHOKA DEVI

JUDGEMENT

(1.) THE appellant, National Insurance Co. Ltd. , insurer of the offending vehicle has preferred the present appeal challenging the impugned order dated 01. 04. 2006 passed by the learned MACT. The impugned award has arisen out of the claim petition filed by respondent Nos. 1 to 6 against the appellant claiming compensation for the death of Shri Gulab Singh.

(2.) THE brief facts which are necessary for deciding the present appeal inter alia are that respondent Nos. 1 to 6 are the legal heirs of deceased Shri Gulab singh who had died on 17. 05. 1994. On 17. 05. 1994 at about 04:30 a. m. deceased shri Gulab Singh was on duty at Police Check Post, Badarpur, when a truck bearing registration no. GJ 17 T 5747 driven in a rash and negligent manner hit sh. Gulab Singh. As a result, he received fatal injuries and succumbed to those injuries.

(3.) THE Tribunal after taking into consideration the facts of the case as well as evidence led by the parties had passed an award in the sum of Rs. 8,76,000/-along with interest at the rate of 7. 5% per annum payable from the date of the institution of the petition till the realization of the award. The said order passed by the Tribunal is now under challenge in the present appeal.