NATIONAL INSURANCE CO LTD Vs. USHA DEVI

JUDGEMENT

(1.) This appeal by the Insurance Company is directed against the award dated 20.8.2009 passed by the learned Motor Accident Claims Tribunal-II, Solan, in MAC Petition No.37-S/2 of 2008.

(2.) Briefly stated the facts of the case are that the deceased Kulbhushan Sharma was owner of Mohindra Pick-up bearing registration No.HP-13-2339. Admittedly, this vehicle struck a trailer (long truck) which was parked on the side of the road. The accident took place at about 11 p.m. and according to the claimants the trailer bearing registration No.PB-12-B-5383 was parked on the wrong side of the road and neither any parking nor warning lights were switched on and therefore the negligence was that of the driver itself. The claimants who are the widow, minor children and mother of the deceased filed the claim petition under Section 166 of the Motor Vehicles Act claiming compensation. This petition was allowed by the learned Tribunal who awarded compensation of Rs.18,50,000/- in favour of the claimants. Hence, the present appeal.

(3.) It is not disputed that the accident took place. It is also not disputed that the trailer was parked on the wrong side of the road. There is a sufficient material on record to show that neither any parking lights had been switched on nor any other indicator or warning lights had been switched on to warn the motorists that the vehicle was parked on the road.