NATIONAL INSURANCE COMPANY Vs. MOHINDER KAUR

JUDGEMENT

(1.) THIS judgment shall dispose of 7 appeals i.e. FAO Nos. 4546 to 4552 of 2014 as all these appeals have arisen out of 7 claim applications which were filed on behalf of the claimants, who were injured in one and the same motor vehicular accident which took place on 12.1.2011 due to rash and negligent driving of vehicle No. HR -38 -G -4821 owned by respondent No. 3 -Kundan Singh and driven by its driver -Zora Singh/respondent No. 2 and was duly insured by the appellant.

(2.) IN all these claim applications, the claimants asserted that on 12.1.2011, they were coming from Ludhiana to Bassi Pathana in Maruti Car No. DL -2CB -0093. The car was being driven by Raj Kumar. At about 7 p.m., when they reached at Bus Stand Samrala, their car struck with a truck/trolla No. HR -38 -G -4821 from behind which was lying parked by respondent No. 2 on the road towards left side negligently and without any indicator. There was too much fog on that day. Due to the accident, the claimants/occupants of the car sustained multiple grievous injuries. Raj Kumar, Driver also sustained injuries. They were got admitted at Civil Hospital, Samrala. Thereafter, the claimants were also referred and admitted in CMC Ludhiana for treatment. It was submitted that the accident took place due to the fault of respondent No. 2 who parked the trolla on the road negligently. FIR No. 11 dated 14.1.2011 under Sections 283/337/338/427/304A IPC was registered at Police Station, Samrala and thus, claimants were entitled to compensation as claimed.

(3.) THE appellant -Insurance Company in its written statement submitted that driver of the truck trolla as well as driver of the car were not having effective driving licence. Offending truck trolla was not having valid registration certificate, fitness certificate and route permit. It was further stated that no such accident took place as alleged. However, it was admitted that the truck was insured with the appellant. It was stated that FIR was registered against respondent No. 2 In the end, it was submitted that in case Court comes to the conclusion that accident has taken place then the deceased Raj Kumar driver of the car had also contributed in the accident as he had struck the overloaded car with stationary parked truck from behind on left side of the road therefore, insurer of the car was also liable to pay being a case of composite negligence.