NATIONAL INSURANCE COMPANY LTD Vs. MANSI SWAPNIL DEOKAR

JUDGEMENT

(1.) The present appeal is against the judgment and order passed by the Motor Accident Claims Tribunal, Nagpur, in Motor Accident Claim Petition No. 422 of 2004, decided on 06-12-2012. Deceased Swapnil Chandrakant Deokar went to Bhadrawati by his Hero Honda Street Smart Deluxe motorbike No.Mh-29/E-7223. On 31-07-2004, while returning from Bhadrawati to Wani by the said motorcycle, when he reached near village Sawali, at about 8.00 pm, in the pitch dark, one truck bearing registration No. MHG-6477 was standing in a stationary condition without showing any parking lights or surrounding stones or branches of trees or left any indication regarding the stoppage of truck on the road. Deceased could not see the offending truck and dashed his vehicle to the said truck. The deceased died on the spot due to the accident.

(2.) Police investigated the crime. First Information Report (FIR) was registered and prepared spot panchanama etc. The legal heirs of deceased Swapnil claimed compensation of Rs. 51,00,000.00 against the owner of truck and the Insurance Company.

(3.) The learned Claims Tribunal recorded the evidence of the claimants. None appeared from the owner and driver of the truck. Respondent-Insurance Company appeared and filed written statement, denied their liability to pay amount of compensation. It is the contention of the Insurance Company that the deceased was also negligent for the accident and therefore, there was contributory negligence on the part of the deceased. Hence, the Insurance Company, at the most, liable to pay 50% of the amount of compensation.