NATIONAL INSURANCE CO. LTD Vs. LIYAKAT

JUDGEMENT

(1.) INSTANT appeal has been preferred against the order dated 30.04.2005, whereby ld. Tribunal while granting the compensation amount has fastened the liability upon the appellant to pay the compensation.

(2.) LD . Counsel appearing on behalf of the appellant submits that on 10.11.2001, at about 2.00 am, respondent no. 2 was travelling in a truck bearing registration no. UP-12-7484 and was going to Faridabad from Gokalpuri, Delhi. When he reached at Gajrola Main Road, then another truck no. UP-12D-6518 driven by its driver at a very high speed rashly and negligently without caring for the traffic rules came from the back side and hit the truck. As a result of the forceful impact, respondent no. 2 Surender Singh sustained serious injuries all over his body.

(3.) LD . Counsel for the appellant submits that either the driver of the truck no. UP-12-7484 was negligent or maximum would have been opined by the ld. Tribunal that the said accident was caused due to the contributory negligence of both the vehicles.