J U D G M E N T

G. P. MITTAL, J.

1. The Appellant New India Assurance Company Limited impugns the award dated 11.08.2011 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of Rs.4,33,000/- was awarded in favour of Respondent no.1 for the death of her bachelor son Tarun Sharma.

2. During inquiry before the Claims Tribunal in a petition under Section 163-A of the Motor Vehicles Act, 1988 (the Act), it was stated by Respondent no.1 that deceased Tarun Sharma was in private service with Respondent no.2 Naresh Grover, owner of the two wheeler bearing registration no.DL-4S-AE-8473 involved in the accident. It was pleaded that on 25.02.2008 at about 11:45 p.m., deceased Tarun Sharma was riding the two wheeler bearing registration no. DL-4S-AE-8473 from the place of his work to his residence. When the motorcycle reached at NSIT Chowk, Dwarka, an unknown vehicle came from the crossing.

3. Deceased Tarun lost control over his motorcycle and hit the divider. He suffered injuries which proved fatal. The identity of the other vehicle alleged to be involved in the accident was not known.

4. In the written statement filed by Naresh Grover, Respondent no.2 herein,