G.P. MITTAL, J.

1. The Appellant New India Assurance Company Limited impugns the judgment dated 23.11.2006 passed by the Motor Accident Claims Tribunal (the Claims Tribunal), whereby the Claims Tribunal awarded a compensation of Rs. 4,06,948 in favour of Respondent Nos. 1 to 6, who are the legal representatives of deceased Babu Lal, who suffered fatal injuries in a motor vehicular accident which took place on the intervening night of 30-31.8.2003 while driving a TSR No. DL-1RF-7119. As per the case set up by the Respondents, deceased Babu Lal used to take on rent TSR No. DL-1RF-7119 from its owners Respondent Nos. 7 and 8 (Respondent Nos. 2 and 3 before the Claims Tribunal) on daily hire charges of Rs. 100.

2. It is averred that on the night intervening of 30-31.8.2003, deceased Babu Lal was plying the earlier stated TSR on Bahadur Shah Zafar Marg, New Delhi. When he reached opposite petrol pump, Delhi Gate, the TSR driven by him met with an accident, as a result of which the TSR overturned and deceased Babu Lal suffered injuries which proved fatal. Ultimately on 3.9.20