UNITED INDIA INSURANCE CO LTD Vs. NEENA GHAI

JUDGEMENT

(1.) This appeal has been filed by United India Insurance Co. Ltd. against the award dated 29/1/2008 passed by the Motor Accidents Claims Tribunal (Ad hoc) Patiala ('the Tribunal' for short) whereby the claim petition under section 166 of the Motor Vehicles Act, 1988 ('Act' for short) filed by claimants-respondents has been accepted.

(2.) Learned counsel appearing for the appellant has submitted that the Tribunal vide order dated 29/1/2008 granted permission to the appellant insurance company in terms of section 170 of the Act to file the present appeal. It is contended that the learned Tribunal has committed grave error in allowing the petition as there was no negligence on the part of the truck which is alleged to be the offending vehicle. It is submitted that the accident occurred during daytime on G.T. Road and, therefore, the fact that the truck was parked in the middle is inconsequential as the car driver could easily see the same. In any case, it is submitted that the compensation awarded is grossly high as the deceased was 57 years of age at the time of death and, therefore, the multiplier of 5 or at the most 6 was liable to be applied whereas multiplier of 7 has been applied. In support of his contention learned counsel cites New India Assurance Co. Ltd. v. Shanti Pathak, 2007 ACJ 2188 (SC). It is also contended that except for the mother, the other claimants are not entitled to any compensation as they are well settled in life.

(3.) I have given my thoughtful consideration to the matter. The accident in the present case occurred on 28.12.2004. Panna Lal Ghai (deceased) along with his wife Neena Ghai (respondent No. 1) and his driver, namely, Sarwan Singh were travelling in their Maruti car. The car was driven by Sarwan Singh and Panna Lal Ghai (deceased) was sitting on the front seat. His wife Neena Ghai (respondent No. 1) was sitting on the rear seat. Near Kalyan Farm cut, the offending truck was parked in the middle of the road and its driver Girdhari Lal Joshi (respondent No. 5) had not given any indication in this regard. Driver of the car went towards the left side of the road to give pass to a bus that was overtaking the car, the car dashed in the loaded stationary offending truck. On account of the accident which occurred due to negligent parking of the offending truck by Girdhari Lal Joshi (respondent No. 5), Panna Lal died.