NEW INDIA ASSURANCE CO LTD Vs. HEERA LAL

JUDGEMENT

(1.) THE Appellant New India Assurance Co. Ltd. impugns the award dated 27.08.2010 passed by the Motor Accident Claims Tribunal (the Tribunal). THE case relates to the death of one Sarita, who was aged 26 years and suffered fatal injuries in the accident, which took place on 28.09.2008. THE Tribunal awarded a compensation of Rs. 8,56,000/-.

(2.) THE quantum of compensation is not disputed by the Appellant. THE only ground of challenge is that the accident took place on account of contributory negligence of Heera Lal the driver of motorcycle No.DL-7SAM-7471. It is urged that he was driving the motorcycle under the influence of liquor and apart from Hira Lal and his wife deceased Sarita, his two children were also sitting on the pillion seat at the time of accident. It is urged that driving the motorcycle under the influence of liquor with three persons on the pillion seat contributed to the accident.

(3.) SIMILARLY there is no presumption in law that if Heera Lal was carrying his two minor children along with his wife, he would lose motorcycle?s balance.