1 S.B. Civil Misc. Appeal No.1231/2008 National Insurance Co. Ltd. vs. Sitab Bano & Ors. S.B. Civil Misc. Appeal No.1231/2008 National Insurance Company Ltd. vs. Sitab Bano and others. Date : 23.1.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.S Johari, for the appellant. - - - - - Heard learned counsel for the appellant and perused the record. The appellant insurance company is aggrieved against the award dated 27.5.2008 passed by the Motor Accident Claims Tribunal, Deedwana. The appellant was granted permission under Section 170 of the Motor Vehicles Act to contest the claim on merits before the Tribunal. Hence, the appellant has challenged the impugned award on question of fact. According to learned counsel for the appellant, the victim was sleeping near the side 2 S.B. Civil Misc. Appeal No.1231/2008 National Insurance Co. Ltd. vs. Sitab Bano & Ors. of the road and, therefore, he was negligent and the Tribunal has committed illegality in allowing the claim of the claimants due to the death of the victim Sonu who himself was driver of another vehicle. He parked his vehicle near the road and was sleeping there near the truck. I perused the statement of witness Yusuf Ali who was with the deceased at the time when the accident occurred. He in his statement clearly stated that they were sleeping not just near the side of the road but 10-12 feet away from the road. This statement finds support from the site report prepared by the police during investigation. He also stated that near the truck, there was a crusher and that also suggest that the crusher cannot be just near the road and that fact also stands supported by the site inspection report prepared by the police. In the totality, no slightest negligence of the person who was sleeping 12 feet away from the road and run over by the vehicle of the respondent, can be gathered. The victim was of the age of 40 years only and the Tribunal has awarded compensation of 3 S.B. Civil Misc. Appeal No.1231/2008 National Insurance Co. Ltd. vs. Sitab Bano & Ors. Rs.4,87,000/- also cannot be said to be excessive in any manner. In view of the above, I do not find any merit in this appeal. Consequently, this appeal is hereby dismissed. (PRAKASH TATIA), J. S.Phophaliya