ORIENTAL INSURANCE CO. LTD Vs. SEEMA CHOUHAN

JUDGEMENT

(1.) JUDGMENT The Insurance Company has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 against the award dated 30.7.2004 of the Motor Accident Claims Tribunal, Neemuch in M.V. Case No. 13 of 2003 by which the respondents as L.Rs. of deceased Nandkishore Chouhan have been granted compensation in a sum of Rs. eleven lakh on account of the death of Nandkishore in a motor accident while he was travelling in a Maruti Car.

(2.) THE accident occurred while Nandkishore was going as a passenger in a car driven by one Nemichand Patidar which collided with a druck bearing registration No. MP-14-G-7672 parked on the road. It was stated that its driver NA No. 1 Ramesh had parked it in a haphazard manner without switching on the parking lights or placing any other sign for the safety of the traffic on the road with the result the Maruti Car in which the deceased was travelling, collided with the Truck causing injuries over the head of Nandkishore who died instanteously.

(3.) THE contention of the learned Counsel for the Insurance Company is that since the Truck was parked by the side of the road and stones had been duly kept around to make it known to the commuters that the truck was parked on the road and the fact that the Maruti dashed from behind and that too on the left side of the truck, it clearly shows that it was the sole negligence of the driver of the Maruti Car that there was collision without there being any contribution to the mishap on the part of the truck driver. Under these circumstances, learned Counsel for the Insurance Company contended that the Insurance Company of the Truck could not have been saddled with the liability to pay compensation for the fault of the driver of Maruti Car and the respondents should have claimed the compensation, if at all, from the driver, owner and insurer, if any, of the Maruti Car in which the deceased was travelling.