NEW INDIA ASSURANCE COMPANY LIMITED Vs. KANTA ARORA

JUDGEMENT

(1.) CM No. 11083-CII of 2010 In view of the averments made in the application, civil misc. is allowed and the delay of 17 days in filing the appeal is condoned. FAO No. 2275 of 2010 & CM No. 11084-CII of 2010 This appeal by the Insurance Company is directed against the award dated 28.11.2009 passed by the learned Motor Accident Claims Tribunal, Rohtak (for short the Tribunal), under section 166 of the Motor Vehicles Act (for short the Act) allowing the claim petition, moved by the claimant/respondents, for the grant of compensation, on account of death of Satish Kumar.

(2.) THE claimant/respondents filed a claim petition under section 166 of the Act, on the pleadings that deceased Satish Kumar along with his son Vishal and driver Sher Singh was going from Sirsa to Delhi in Wagon-R. Car bearing registration No. HR-26-AC-0025. At about 6.30 AM, when they reached near Atish Ply Factory, Hisar Road, village Bahuakbarpur a truck bearing No. HR-38-F-6879 was standing in the middle of the road without emergency light. Driver of the vehicle could not see the truck due to fog and the car dashed into truck. The accident was, therefore, said to have taken place due to negligence of the driver of the Tralla due to leaving the truck in dangerous position in the middle of the road without emergency light in fog weather. In the accident Satish Kumar died, whereas Sher Singh and Vishal received injuries.

(3.) THE claim was contested by the owner and driver of trucktralla, by pleading that the vehicle in question was not standing in the middle of the road. Rather it was standing on the correct side of the road. Accident was said to have been caused on account of sole fault, rash and negligent driving of Sher Singh, driver and no fault, therefore, could be attributed to respondent No. 6.