NEW INDIA ASSURANCE CO LTD Vs. MOHAN LAL

JUDGEMENT

(1.) Heard learned counsel for the parties and also perused the materials on record.

(2.) This appeal is brought against the judgment and orders dated 3.1.2006 passed by the Motor Accidents Claims Tribunal/ Additional District Judge, Auraiya (for short, 'the Tribunal') in M.A.C.T. No. 86 of 2000 whereby awarding Rs. 62,000 allong with 6 per cent interest per annum from the date of filing the claim petition. It is said that the trial court has not properly appreciated the evidence on record. The accident was caused due to rash and negligent driving of Fiat car No. UHH 2100 (Sic. by the deceased), who was driving the car himself. He collided with the parked truck No. UPG 2108 and for that no liability can be fastened on the insurance company. Moreover, there was contributory negligence on the part of the driver of Fiat car and the amount of compensation could be apportioned between the owner of the truck No. UPG 2108 and the owner of Fiat car. At the most the liability of the insurance company may be only 50 per cent to the extent for which the liability of the truck was construed.

(3.) It has further been contended that the driver of Fiat car was himself so rashly driving that when, as per the statement of the witnesses, a speedy car from the front side gave flash light, the driver of Fiat car could not notice the parked truck and so for that lapse on the part of the driver of Fiat car, the insurance company cannot be held liable. In order to facilitate the disposal of the case a brief resume of the facts may be made.