ANIL PURSHOTTAM SHARMA Vs. MONICA JIGNESH PAREKH

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the judgment and order passed by the Motor Accident Claims Tribunal, Mumbai (for short "the Tribunal"), the Appellant-Insurance Company preferred this Appeal. The Claimants have also preferred Cross Objection for enhancement of compensation. As both the Appeal and Cross Objections are out of same accident, hence I am deciding it by this common judgment.

(2.) It is claimants case that on 19/2/2010 at about 9.00 p.m., deceased was proceeding towards Mumbai by Pune-Mumbai Express Highway in his Motor Car No.MH-04-BQ-5161. He was driving his motor car with full care and caution. When he reached near Kilometer Stone No.16 within the vicinity of Panshil Village, District- Raigad at that time, the driver of Motor Truck No.MH-22-N-591 had negligently stationed his vehicle on the road without switching on the parking and signal lights during the night time and without keeping any stones around the stationed vehicle, the driver and cleaner no where in sight, leaving the vehicle dangerously unguarded in the busiest lane, i.e. Lane No.1, on the Expressway, and at 9.00 p.m. on that day, there was so much fog due to which the deceased could not see the offending vehicle stationed in the 1stlane, as there was no indication of a truck having stopped, the deceased's car rammed into the truck and literally the car and the deceased both got stuck below the truck. The deceased was rushed to the nearby hospital but he succumbed to his injuries on the next day while under treatment, the accident occurred solely due to the gross negligence of the driver of offending Truck.

(3.) It is contention of learned counsel for the Appellant- insurance company that the FIR in respect of the said accident was registered against the deceased, but the Tribunal has considered 40% contributory negligence of the deceased which is improper. It should be 100% negligence of the deceased, as deceased hit the stationary vehicle from back side. Learned counsel further submits that the Tribunal has awarded exorbitant and excessive compensation, under the head of loss of love and affection at Rs.1,00,000.00, consortium @ Rs.1,00,000.00-, Rs.25,000.00 for funeral expenses and Rs.25,000.00 for loss of estate. Hence, requested to allow the Appeal.