ORIENTAL INSURANCE CO LTD Vs. SURINDER KAUR

JUDGEMENT

(1.) The Oriental Insurance Co. Ltd. has directed the present appeal against the Award dated 27.4.2001 passed by Shri Rajinder Parshad, Motor Accident Claims, Tribunal, Ambala vide which the claimants were granted compensation amounting to Rs.14,10,500/- along with interest @ 9% per annum from the date of petition till the date of realization of the amount. The compensation amount was ordered to be paid by the respondents jointly and severally but the first charge was upon respondent No.3-appellant.

(2.) The brief facts of the present case are that on 10.12.1998 Mohan Lal alias Mohan Singh deceased was going from village Gadauli to his house by scooter bearing registration No.HR01D-02266 whereas Mohinder Singh was also pillion rider on the said scooter. He was driving the scooter on correct left side at a moderate speed and at about 10/10- 30p.m. when they reached near Kanhaiya Milk Plant, Saha-Sahazadpur road on account of dazzling lights of the vehicles coming from the opposite side, he could not notice the truck bearing registration No.UHQ-866 wrongly parked on the mettled portion of the road without any precaution, indicator, placing of stones and branches of trees watch or light etc, which may indicate regarding parking of the truck on the mettled portion of the road. The scooter struck against the rear portion of the truck. As a result thereof both occupants of the scooter suffered injuries. The deceased suffered multiple and grievous injuries whereas Mohinder Singh suffered minor injuries. The injured were shifted to near by hospital known as Anuphav Hospital. From there he was referred to PGI on 11.12.1998 and where he succumbed to the injuries suffered by him in the accident. The claimants have preferred the present claim petition.

(3.) The claim petition was resisted by the respondents.