NEW INDIA ASSURANCE COMPANY LTD Vs. LALITA

JUDGEMENT

(1.) The award dtd. 3/9/2015 passed by the Motor Accident Claims Tribunal, Hisar [for brevity 'the Tribunal'] has been assailed in two separate appeals, one by the insurer of Car bearing registration No.HR-20Y-6100 [hereinafter referred to as 'offending {2} vehicle'] and another by the legal heirs of Sumit Malik.

(2.) The grievance raised by learned counsel for the insurer is that the Tribunal erred in holding that the accident was caused due to the rash and negligent driving of the offending vehicle and not deciding the issue of contributory negligence. The claimants have filed the appeal seeking enhancement of compensation awarded under Sec. 166 of the Motor Vehicles Act, 1988 [for brevity 'the Act']. Since both the appeals arise from the same award and same accident, both are being disposed of by a common order.

(3.) Brief facts necessary for adjudication of the present appeals are that on 14/10/2012, Sumit Malik alongwith Ajay and Vikas was travelling in the offending vehicle which was being driven by Ajay. At about 04:00 A.M., the offending vehicle dashed against a stationary truck bearing registration No. HR-16C-3137. As a result of the impact, Sumit Malik sustained grievous injuries and died at the spot. FIR No. 373, dtd. 14/10/2012 was registered at Police Station Meham.