SHRIRAM GENERAL INSURANCE CO LTD Vs. RANI

JUDGEMENT

(1.) THERE is twin challenge to the judgment dated 28.10.2013 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of Rs. 15,92,440/ - was awarded in favour of Respondents no.1 to 6 for the death of Rakesh Kumar, who suffered fatal injuries in a motor vehicular accident which occurred on 27.09.2013.

(2.) IN fact, deceased Rakesh Kumar was a truck mechanic. At the time of the accident, he was repairing truck bearing registration no.HR -38Q - 4316 and the offending truck bearing registration no.HR -38N -3240 came from behind and dashed against the stationary truck, which was under repair, causing fatal injuries to deceased Rakesh Kumar.

(3.) IT is urged by the learned counsel for the Appellant that there was contributory negligence on the part of the deceased himself. The insured was not liable to pay the full compensation. Consequently, the Appellant Insurance Company was also not liable to pay the entire compensation.