ORIENTAL INSURANCE OC. LTD Vs. SARITA NAYAK MUKHERJEE

JUDGEMENT

(1.) Appellant impugns award dtd. 11/10/2021 whereby the claim petition has been allowed and compensation awarded.

(2.) Subject claim petition was filed contending that the husband of claimant No. 1, father of claimant No. 2 and the son of claimant No. 3 and 4 was going towards Shadipur Chowk from Hero Honda Chowk on his motor cycle at a normal speed wearing a helmet and on the correct side of the road. When the motor cycle crossed Hero Honda Chowk a Trolla (a long body truck) which was being driven by its driver at a very high speed rash negligently in a zig-zag manner and without applying proper lookouts and without giving any horn came from the back side and hit the motor cycle with a great force as a result of which the deceased fell on the road along with his motor cycle and the back wheel of the offending trolla passed over his head on account of which he sustained fatal crush injuries and expired on the spot.

(3.) Learned counsel for the appellant/insurance company submits that the Tribunal has erred in not appreciating that the deceased was himself contributory negligent and further the Tribunal has erred in not discussing the manner in which the accident has taken place in the impugned judgment.