ORIENTAL INSURANCE CO LTD Vs. MADHU VOHRA

JUDGEMENT

(1.) By this appeal, the appellant has assailed an award dated 1st December, 2004 passed by learned Motor Accident Claim Tribunal granting compensation of Rs.12,75,000 to the claimants.

(2.) Brief facts relevant for the purpose of deciding this appeal are that Mr. Amit Vohra, deceased was travelling in a Maruti car bearing No. DL-8CB-4216 with his wife and children on 8th April, 2002. The car was being driven by his elder brother when near Akbarpur Chowk, Mathura Road, Police Station Chhata, District Mathura, U.P., a truck No. HR-38C-6746 suddenly stopped without any signal and indication and as a consequence, the car dashed against the tail board of the truck resulting into injuries to the occupants of the car and on spot death of one of the occupants, namely, Henna, daughter of the family. Mr. Amit Vohra (since deceased) had received serious injuries and was removed to nearby Maheshwari Hospital, Mathura and thereafter to Apollo Hospital. He could not recover from the injuries and remained in comma till his death on 24th January, 2004.

(3.) Before learned Tribunal, a plea was raised that the accident was a result of contributory negligence. However, the Tribunal observed that the issue of contributory negligence does not arise since it was nobody's case that the deceased was driving the offending car and at the most it could be a case of composite negligence on the part of the truck driver and the car driver inasmuch as the car driver was not keeping a safe distance from the truck ahead.