NEW INDIA ASSURANCE COMPANY LTD Vs. GOGA

JUDGEMENT

(1.) Aggrieved with the award dtd. 5/4/2017 rendered by the Motor Accident Claims Tribunal, Chandigarh (for brevity, Tribunal), Insurance Company has preferred the instant appeal.

(2.) Brief facts as per the claim petition are that on the intervening night of 15/8/2015, deceased Nathu Ram @ Natha Ram was sleeping along with others near ground plot No. 14, Transport Area, Sector 26, Chandigarh. At the ill fated time, a truck bearing registration No. HR-37-B-3415 came at fast speed and crushed them including the deceased. Sh. Ajay Kumar conductor was also sitting in the said truck. Due to the accident all the persons who were sleeping there received serious injuries and some died on the spot including the deceased Nathu Ram. Legal representatives of the deceased Nathu Ram @ Natha Ram filed a petition under Sec. 166 of the Motor Vehicles Act seeking compensation on account of his death.

(3.) Having heard arguments of learned counsel for the appellant, I find no ground to interfere, particularly, in view of the correct finding of the Tribunal contained in para 10 of the award under challenge. The relevant extract is reproduced herein below: