NATIONAL INSURANCE COMPANY LTD. Vs. RAKHI

JUDGEMENT

(1.) CM-11673-CII-2014 in FAO-3836-2014 Heard.

(2.) For the reasons mentioned in the application, the same is allowed and delay of 77 days in filing of the appeal is condoned. Smt.Rakhi - widow, Baby Khushi - minor daughter and Smt.Dhanno - mother of Sanjay, an unfortunate victim of a road side accident had brought a claim petition under Section 166 of the Motor Vehicles Act against the respondents i.e. Mahavir - driver, Pritpal Singh owner and National Insurance Company Ltd. - insurer of Tata Tanker bearing registration No.PB-23-D-4205 (hereinafter referred to as the offending vehicle), claiming compensation to the tune of Rs.25 lakhs with interest and cost.

(3.) Briefly stated, the facts of the case as per version of the claimants are that on 19.1.2012, deceased Sanjay was going towards Durga Bhatta from his house at village Nahri on his motorcycle bearing registration No.HR-10J-8963 at a moderate speed; at about 9:00 a.m. when he had reached near Sadabahar Hotel on Sonepat - Bahalgarh road, suddenly the motorcycle of deceased struck against the offending vehicle, which was parked in the middle of the road negligently and the parking lights were not on; no brickbats or stones were placed near the vehicle so as to indicate the parking of vehicle there; no reflector had been placed on the road behind the vehicle as it was a thick fog on that day; after striking the tanker, Sanjay deceased suffered multiple grievous injuries and died on the spot; the incident was witnessed by Rajender son of Kartar Singh, resident of village Nahri, who was going towards Durga Bhatta in his car and was following the deceased; soon after the accident, the driver of offending vehicle fled from the spot; the police arrived at the place of accident on getting a telephonic message regarding accident in question; an FIR No.37 dated 19.1.2012 for the offences under Sections 279/304-A and 283 IPC was lodged by the complainant Rajender son of Kartar Singh by making statement to the police of Police Station Kundli, Sonepat.