RELIANCE GENERAL INSURANCE COMPANY LTD Vs. PIYUSH KUMBNANI

JUDGEMENT

(1.) The compensation awarded to respondent no.1 is impugned on the ground that the learned Tribunal has erred in not attributing contributory negligence on the claimant - respondent no.1. The motor vehicular accident took place on 18.09.2014 between a two-wheeler scooty being ridden by the claimant and the insured vehicle, a four-wheeler Ford Eco Sport car. The appellant contends that the injured has admitted in his cross-examination on 08.03.2017, that he was coming from the wrong side of the road.

(2.) Ms. Prerna Mehta, the learned counsel for the appellant, submits that insofar as the motor-cyclist admits to driving on the wrong side of the road, contributory negligence is to necessarily attributed to him. She further submits that the learned Tribunal had simply dismissed the contention in this regard, of the appellant on the ground that the testimony led by the respondents was not sufficient to impeach the testimony and evidence led by the claimant.

(3.) This Court has examined the site plan/Nazri Naqsha filed with the Detailed Accident Report (DAR) by the Investigating Officer. It shows that the respondent's vehicle was coming from the wrong direction, while the offending vehicle came parallel to it from the correct side of the road and then took a turn towards the side road on the right at an earmarked cut in the road-divider. It is at the point of turning that the offending vehicle is stated to have hit the front side of the claimant's two-wheeler. The accident happened in broad day light, at about 3:00 p.m., on a September afternoon and there could not be any doubt about clear visibility in the day. More importantly, the vehicle of the claimant would have been running parallel to the offending vehicle and the driver of the insured vehicle could have seen that if he turns his motor car suddenly towards the right, it would surely result in the accident. The said accident could have been avoided had the insured slowed down his vehicle or been a little more careful.