RUKMA DEVI Vs. NATIONAL INSURANCE CO.LTD

JUDGEMENT

(1.) All the appeals, titled above, have arisen out of the same accident, hence are being taken up for adjudication together.

(2.) A.O. No.63 of 2008 The accident occurred on 25.8.2006 at 9:30 PM in the hilly Chamba -Rishikesh motor road. It was a case of head on collision where the ascending Bolero motor vehicle hit the Maruti Car coming to the down. Both the vehicles struck together causing injuries to Mr. Shoorveer Singh, driver of Maruti Car. Later on, he lost his life and the cause of his passing away was attributed to such accident.

(3.) Deceased, a retired personnel, was a man of 66 years, and he did not possess a valid driving licence. At such an age, it was not advisable for him to drive any vehicle in such night hours on the hill road and that too, in full rainy season of August. But even so, he was incurring the risk at his own peril.