NEW INDIA ASSURANCE CO. LTD Vs. ASHA RANI

JUDGEMENT

(1.) The insurer, by way of instant appeal, has assailed the award dtd. 7/9/2015, passed by learned Motor Accident Claims Tribunal-II, Una in M.A.C.P. No. 37/2014.

(2.) The claimants (respondents No. 1 to 4 herein) filed a Claim Petition under Sec. 166 of the Motor Vehicles Act, 1988 (for short "Act') for grant of compensation on account of death of Sh. Mohinder Chand in a motor vehicle accident involving Truck No. HP-22-7495 and Scooter No. HP-20A-4639 that had taken place on 31/1/2014 at Village Bhadsali, Tehsil Haroli, District Una, H.P.

(3.) As per claimants, Sh. Mohinder Chand was riding Scooter No. HP-20A- 4639 on his way from office to residence. He was accompanied by Mr. Shyam Mohan, who was on the pillion of the scooter. When the scooter reached near Village Bhadsali, it collided with Truck No. HP-22-7495 from the back side of the Truck. It was alleged that the offending truck was parked by its driver negligently and had left the vehicle in a dangerous position on the road without using parking or indicator lights. Due to dense fog on the road, the parked truck could not be sighted and as a result thereof the accident occurred in the abovesaid manner. The deceased was stated to be working as Assistant Lineman in H.P. State Electricity Board and his last drawn pay was Rs.22,630.00