UNITED INDIA INSURANCE CO LTD Vs. RAMBABU SINGH

JUDGEMENT

(1.) This order shall govern the disposal of above-mentioned appeals, as the same are arising out of common award dated 17.11.2004 passed by the Fourth Additional Member Judge, Motor Accidents Claims Tribunal, Bhind in Claim Case Nos. 32 and 33 of 2004 respectively. These appeals are preferred by United India Insurance Co. Ltd. challenging the finding of negligence as well as quantum after taking permission to contest the case.

(2.) Brief facts of the case are that on 31.12.2003 deceased Vinod Singh was driving the motor cycle bearing registration No. MP 30-B 3408, which was insured with New India Assurance Co. Ltd. while other deceased Vijaykant was travelling as a pillion rider on the said motor cycle. When they were travelling on the said motor cycle, a tractor-trolley bearing registration No. MP 30-M 4490, which was insured with present appellant, owned by respondent Rambabu Singh and was driven by respondent Indravir Singh parked on the road. At about 10 in the night the motor cycle dashed against the parked tractor- trolley from the back side, due to which driver of the motor cycle and pillion rider sustained injuries and died. Thereafter, the heirs of the deceased have filed two separate applications for compensations, i.e., Claim Case Nos. 32 and 33 of 2004. The Claims Tribunal found that accident had taken place due to negligence of respondent Indravir Singh. As per the findings of the Claims Tribunal, tractor-trolley was parked on the road but without putting any signal or indication in the night, hence the accident had occurred as the driver of the motor cycle could not see said tractor- trolley. This finding is challenged by the appellant United India Insurance Co. Ltd.

(3.) Mr. S. Gajendragadkar, the learned counsel for appellant insurance company has contended that merely because tractor- trolley was parked on the road without any signal or light is not sufficient to hold that the driver of the tractor-trolley was negligent and, therefore, the entire liability cannot be fixed on the present appellant. In support of his contention, he has relied on judgment of the Division Bench of this court in the case of National Insurance Co. Ltd. v. Sahiba Khatun, 2000 ACJ 168 (MP), wherein the Division Bench has held that parking a vehicle without any signal or lights by itself is not negligent, it may have violated the traffic rules, but that by itself it cannot be said that the driver of the vehicle who had parked on the road was solely responsible.