UNITED INDIA INSURANCE COMPANY LTD. Vs. ASHWANI KUMAR

JUDGEMENT

(1.) The present appeal is directed against the award of the MACT, Karnal dtd. 28/1/2021 wherein a sum of Rs.4,09,763.00 has been awarded to Ashwani Kumar, respondent No.1 on account of the injuries in the accident which took place on 22/11/2017 at 6.15 PM.

(2.) Counsel for the appellant has submitted that the insured was triple riding on the motorcycle and therefore, is a case of contributory negligence which has not been appreciated by the Tribunal.

(3.) A perusal of the paperbook would go on to show that the insured along with Nagender Kumar and Om Harish Sharma were riding on the motorcycle driven by Ashwani Kumar when the offending Indica car hit their motorcycle near Madhuban from behind. All the three occupants had fallen down and Om Harish Sharma died at the spot. The driver of the vehicle of the car had stopped and at that point of time, the complainant, Nagender Kumar, the other pillion riders had noted the number of the offending car. An FIR was registered on the next date i.e. on 23/11/2017 and the driver of the car was arrested on 23/12/2017. In such circumstances, it is apparent that the contributory negligence on behalf of the motorcycle is not made out as the vehicle had been struck from behind.