NEW INDIA ASSURANCE COMPANY LTD. Vs. KANCHAN DEVI

JUDGEMENT

(1.) Appellant-New India Assurance Company Ltd. is the insurer of the Truck bearing Registration No. HR-38H-5545. On 24/12/2007, the truck was dashed by a rash and negligent trolley which resulted in death of driver Raghuvir Singh. For the accident aforesaid Sojat City PS Case No. 389/2007 was registered on 25/12/2007. The police came and with the help of JCB Crane dragged the damaged truck to the soiled portion of the road and the truck was left there under seizure of the police. Copy of the FIR is Ex-8 on this record.

(2.) On 26/12/2007, driver Pawan Kumar alongwith others was driving the car bearing Registration No. RJ-21CA-0783. The FIR of Sojat City PS Case No. 390/2007 registered on 27/12/2007 would reveal that Pawan Kumar was rash and negligent while driving the car on 26/12/2007 and dashed with the said truck from behind the truck, resulting in death of the Pawan Kumar and injury to others. After investigation of Sojat City PS Case No. 390/2007, the police found that the accident was due to rash and negligent driving of Pawan Kumar. The car was insured with Respondent No. 12-Oriental Insurance Company Ltd. The legal representatives of victim Pawan Kumar brought Claim Case No. 364 of 2011 (78/2008) before the Motor Accident Claims Tribunal (Upper District and Sessions Judge) (Fast Track) No. 2, Beawar.

(3.) The Tribunal found that the said accident was due to negligent parking of the truck without any flash light for guidance of other moving vehicles or any other sign showing stationed truck. In the result, the Tribunal fixed 50% liability on the truck and 50% contributory negligence on the deceased.