NATIONAL INSURANCE CO LTD Vs. KAMALJIT KAUR

JUDGEMENT

(1.) The Insurance Company has preferred the present appeal for setting aside the award dated 28.5.2010, passed by the learned Motor Accident Claims Tribunal, Patiala, (to be referred as 'the Tribunal'), whereby the appellant alongwith respondent Nos. 6 to 8 were held liable to satisfy the award. The brief facts of the case are that on 3.8.2007, Satnam Singh (since deceased) was going towards Rajpura on his motorcycle. He struck against a truck bearing registration No. RJ-31GA-0843, parked unattended in the middle of the road near Karan Palace. It was time about 8.15 PM. The deceased could not notice it due to darkness as the same was parked without any indicator. As a result thereof, he fell down and started bleeding profusely from nose and ears. He was followed by his cousin on his motorcycle. He was rushed to AP Jain Hospital, Rajpura and was further referred to Chandi Mandir, where he succumbed to the injuries after 13/14 days of the accident. The accident was witnesses by Jagir Singh.

(2.) The claim petition was filed by the claimants. Upon notices, respondent No. 1 did not appear, however, respondent Nos. 2 to 4 filed their written statements separately by denying the accident.

(3.) From the pleadings of the parties, the learned Tribunal framed the following issues:-