NATIONAL INSURANCE CO LTD Vs. RAVINDER KUMAR

JUDGEMENT

(1.) The above titled appeals have been filed by the Insurance Company feeling aggrieved and having arisen from the same accident vide separate awards passed by the learned Motor Accident Claims Tribunal-II, Kangra at Dharamshala, decided on 10.6.2010. The challenge is on two grounds that (i) there has been contributory negligence of the motorcyclist as he was carrying two pillion riders beyond the permissible limit; AND (ii) the truck in question was being plied in the State of Himachal Pradesh where accident took place whereas it was having route permit for Punjab State. Heard and gone through the record.

(2.) In short, the facts giving rise to the present appeals can be stated thus. On 28.6.2005 around 7.50 p.m. Satish Kumar respondent and his brother Ravinder Kumar were waiting for the lift near Gaggal, in the meantime, Manjeet Singh respondent, their co-villager came on a motorcycle and both of them took the lift. When they reached near Chaudhary Service Station in between Gaggal and Ichhi, a truck bearing registration No. PB-10-P-9816 being driven by respondent Manjeet Singh, driver rashly and negligently, came from the opposite direction on the 'Kacha' portion of the road towards the motorcyclist and dashed it against the motorcyclist. Even the motorcycle was dragged to a distance causing grievous injuries to the claimants and sped away. The vehicle was apprehended at the place known as 'Chetru'. The injured/claimants were hospitalized in Dharamshala from there they were taken to D.M.C., Ludhiana. They sought the treatment there and ultimately filed the claim petitions.

(3.) The owner and the driver, both did not put in appearance, as such they were proceeded ex-parte. Only the Insurance Company resisted and contested the claim petitions. They also moved application under Section 170 of the Motor Vehicles Act, which was allowed.