IN THE HIGH COURT OF DELHI AT NEW DELHI
RUBI DEVI AND ANR – Appellant
Versus
THE NEW INDIA ASSURANCE COM. LTD. AND ORS – Respondent
JUDGMENT
ANISH DAYAL, J.
1. This appeal has been filed by the legal representatives of the deceased/Durga, assailing the judgment dated 03rd August 2022 passed by the Motor Accident Claims Tribunal, North District, Rohini Courts, Delhi (‘MACT/Tribunal’) in MAC Petition No. 306/2018.
2. The incident relates to an accident which occurred on 19th February 2018 at about 8:00 AM, when Durga Kumari (‘deceased’) was playing with other children along the roadside, i.e. service road near construction site of Ahluwalia Contractors India Ltd., Narela, Delhi and was suddenly hit by the offending truck bearing registration no. KA-01-AD-9401, allegedly being driven in a rash and negligent manner by respondent no.2.
3. She sustained grievous injuries and was removed to SRHC Hospital, where she was declared ‘brought dead’.
4. FIR No. 118/18 under Sections 279/304A IPC was registered at PS Narela.
5. The Tribunal, vide impugned judgment dated 03rd August 2022, awarded a total compensation of Rs. 5,60,000/- along with interest @ 9% per annum from the date of filing of the claim petition till deposit. The Tribunal relied upon the dictum laid down by this Court in Chetan Malhotra v. Lala Ram & Ors. 20
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