NATIONAL INSURANCE CO LTD Vs. MANJU

JUDGEMENT

(1.) THIS appeal is directed against the award dated 18. 3. 2004 passed by the Second Additional Motor Accidents claims Tribunal, Morena in Claim Case no. 66 of 2002.

(2.) BRIEF facts of the case are that the deceased Girish Singh, owner of truck No. UP 80-4-9161 was travelling in the aforesaid truck which was coming from dhaulpur to Agra. At village Barotha truck No. MP 06-E 4250 was stationary in the midst of the road without any indication-neither dipper nor parking lights were on. Due to that truck bearing No. UP 80-4-9161 which was driven by respondent No. 6 dashed against the stationary truck No. MP 06-E 4250. The deceased Girish Singh received severe injuries and due to the aforesaid injuries he died on the spot. The matter was reported to the police station, vide crime No. 125 of 2002 and a case under section 304-A of Indian Penal Code was registered against the driver of the offending vehicle. Both the trucks were seized. The respondent No. 4 is the owner of truck bearing registration No. MP 06-E 4250 and respondent No. 5 was the driver of the said truck. The respondent Nos. 1 to 3 are legal heirs of the deceased Girish Singh.

(3.) RESPONDENT Nos. 1 to 3 filed a claim petition under section 163-A of the Motor vehicles Act, 1988 (in short 'the Act'), claiming the compensation amounting to rs. 15,68,000 on the ground that the income of the deceased was Rs. 2,00,000 per annum. The respondent No. 6, Anek Singh, aw 2, who was driving the truck No. UP 80-4-9161, in his statement stated that respondent No. 5 had parked the truck No. MP 06-E 4250 on the highway without any dipper nor parking lights were on to indicate that the truck was parked. He also stated that truck was not parked on the side of the road and due to aforesaid reason when he was coming from Dhaulpur to agra at village Barotha, his truck dashed against the stationary truck. Girish Singh who was sitting in the truck, died on the spot. He further stated that accident had occurred due to rash and negligent driving of the vehicle by the respondent No. 5. The respondent No. 4 is the owner of the truck No. MP 06-E 4250. The truck was insured by the appellant National Insurance co. Ltd. The Claims Tribunal with the above evidence came to the conclusion that due to wrong parking of truck No. MP 06-E 4250 the accident had occurred and respondent Nos. 4 and 5 and appellants are liable to pay the amount of compensation.