RELIANCE GENERAL INSURANCE COMPANY LIMITED Vs. SWATI SHARMA

JUDGEMENT

(1.) The petition is filed by the Insurance Company, insurer of a truck which collided with a motor bike leading to fatal injuries to the bike rider. The wife and mother of the deceased filed the claim petition, in which, the Tribunal while making the award found contributory negligence on the deceased. The liability of the award amounts on the insurer of the truck was apportioned at 50%. The claimants and the insurer filed appeals before the High Court. The High Court found negligence solely on the part of the driver of the truck and enhanced the award amounts, against which the instant petition is filed.

(2.) The learned counsel for the Insurance Company argued that this was a unique case in which the driver of the alleged offending vehicle mounted the box and spoke of the accident, which deposition indicates negligence on the bike rider. This is amply supported by the Officer who investigated the crime. The interested testimony of the eyewitness, who was admitted to be the friend of the deceased should be eschewed considering the overwhelming evidence of negligence on the part of the bike rider.

(3.) The learned counsel for the respondent Nos.1 and 2 seeks to uphold the judgment of the High Court, which reversed the order of contributory negligence passed by the Tribunal. The learned counsel also justifies the enhancement made, relying on precedents.