RELIANCE GENERAL INSURANCE COMPANY LIMITED Vs. SAPNA

JUDGEMENT

(1.) By this common order this Court proposes to dispose of FAO No. 6584 of 2015 titled "Reliance General Insurance Company Limited Versus Sapna @ Sabita and others" along with its Cross Objection No. 4-CII of 2016 and FAO No. 6711 of 2015 titled "Reliance General Insurance Company Limited Versus Deepak Kumar" along with its Cross Objection No. 5-CII of 2016 since all arise out of the same accident and common award dated 29.05.2015 passed by the Motor Accident Claims Tribunal, Ambala (hereinafter referred to as 'the Tribunal').

(2.) In brief, the facts of the case are that on 21.06.2013 around 6:00 p.m. Deepak Kumar (Cross-Objector in Cross Objection No. 5-CII of 2016) and one Bhupendra Singh (through his legal representatives in Cross Objection No. 4-CII of 2016) started their journey towards Sonam, Punjab in truck bearing registration No. UK08-CA-3441. In the morning around 4.00 a.m. on 22.06.2013, when they reached on G.T. Road, near Manji Sahib Gurudwara, AmbalaRajpura road, Ambala City, the driver was blinded by the lights of oncoming truck, with the result he swerved and hit into a truck bearing registration No. HR-55-P-6985. This truck was parked on the right side of the road without any indication light. The impact of the collision was such that the driver Bhupendra Singh suffered grievous injuries on both his legs, abdomen etc. while Deepak Kumar suffered grievous injuries on his right leg. They both were taken to Civil Hospital, Ambala City but Bhupendra Singh, who was serious, was referred to P.G.I., Chandigarh, where he died at about 11.30 p.m. on 22.06.2013. Deepak Kumar was shifted to N.P. Hospital, Ambala City and remained admitted there from 22.06.2013 to 25.06.2013. He gave a statement to the police on 22.06.2013, on the basis of which an FIR No. 299 dated 22.06.2013 was registered against respondent No.1 under Sections 283, 336, 337 IPC at Police Station Ambala City. In the FIR, it was stated that the accident occurred due to rash and negligent act of respondent No.1 who had wrongly/ negligently parked truck No. HR-55-P-6985 on the right side of the road without any indicators or hazard lights on. A claim petition came to be filed by the legal heirs of Bhupendra Singh claiming compensation on account of his death. It was stated that he was earning more than Rs. 12,000/- per month as a driver and on account of his untimely death, they were on the verge of starvation. It was categorically averred that the accident took place due to the negligent parking of the truck No. HR-55-P-6985 by respondent No.1.

(3.) A second claim petition was filed by Deepak Kumar, on account of the injuries he suffered in the accident. He claimed compensation on account of his admission in the hospital, where he remained admitted from 22.06.2013 to 25.06.2013, where he was operated upon and thereafter he was shifted to Anand Hospital, Saharanpur, where his second operation was conducted. It was claimed that he had spent more than Rs. 1,50,000/- upon his treatment and remained admitted there for about 10 days. Deepak Kumar claimed compensation on account of the fact that he had become totally disabled and was unable to do any work. He claimed that he was a transporter having two trucks and was also doing the work of Commission Agent in agriculture and on account of his disability he lost the ability to work. It was stated that he was unable to drive car, motor cycle, scooter and even was unable to stand. Compensation was claimed on account of the negligent parking of truck No. HR-55-P-6985 by respondent No.1 on the right side of the road in total violation of the Traffic Rules as envisaged in the Motor Vehicles Act and that too without any light or indication to inform the others that there was a stationary truck.