UNITED INDIA INSURANCE CO LTD Vs. RAM BHATERI

JUDGEMENT

(1.) The appellant has impugned the award of compensation dated 31.10.2018, directing it to pay compensation to the claimants. The appellant was the insurer of a Canter truck which was involved in an accident, in which three persons travelling in a Swift Dzire car died. The driver of the said car escaped the fatality.

(2.) The claimants had contended that the offending Canter truck was parked on a public road in a manner that it posed a patent threat to the life and safety of the other motorists and road users. In other words, stationing of the offending truck in the middle of a road- a busy carriage way, would be considered rash and negligent driving. The appellant, however, contends that the Canter truck was parked on the left side of the road, where motor vehicles are ordinarily parked. Therefore, no blame can be apportioned to the insured vehicle in which the Swift Dzire car crashed.

(3.) The learned Tribunal has considered the issue and reasoned as under:-