JUDGMENT :- The present appeal arises out of the award dated 14th January, 2008 of the Motor Accident Claims Tribunal whereby the Tribunal awarded a sum of Rs. 4,01,000/- along with interest @ 7.5% per annum to the claimants.

2. The brief conspectus of the facts are as follows :

On 23-9-2002 at about 2.15 a.m. the appellant-Smt. Alka Mangla was travelling in a Toyota Qualis car bearing Registration No. DL 8CG 5463, which was being driven by her husband respondent No. 1. When the said Qualis coming from the direction of ISBT reached on Ring Road near Budh Vihar Picket, Delhi, a truck bearing Registration No. HR 38A, 8581 was standing stationary in the middle of the road without any indication or signal, due to this, the said car smashed into the truck with a great force. As a result, the petitioner, her husband and the driver of the truck received grievous injuries.

3. A claim petition was filed on 29th April, 2005 and an award was made on 14th January, 2008. Aggrieved with the said award the present appeal is preferred by the insurance company.

4. Mr. Sameer Nandwani counsel for the appellant has assailed the said award and contended that the Tribunal failed to appreciate that the resp

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