NATIONAL INSURANCE COMPANY LTD. Vs. BEBI

JUDGEMENT

(1.) This appeal arises from the judgment and award passed by the learned Motor Accident Claims Tribunal, Nagaur (hereinafter referred to as the "Tribunal") on 28/1/2011, in which the Learned Tribunal awarded compensation of Rs.6,63,000.00 to the respondents/claimants due to the unfortunate demise of one Hasan in a road accident that occurred on 10/4/2009, holding the appellant Insurance Company, along with the driver and owner of the offending vehicle, jointly and severally liable for the payment of the awarded amount. Aggrieved by this decision, the Insurance Company has preferred the present appeal, seeking quashing of the Learned Tribunal's order and dismissal of the claim petition filed by the respondents/claimants.

(2.) Brief facts of the case are that on 10/4/2009, the deceased was cycling along the correct side of the road when the tragic accident occurred. As he was proceeding cautiously, an Indica car, bearing registration number RJ-14-CB-3021, driven at an excessively high speed, suddenly swerved onto the wrong side of the road. The driver, exhibiting a blatant disregard for traffic rules and the safety of others, lost control of the vehicle, which then violently collided with the deceased from behind. The impact was severe, resulting in fatal injuries to the deceased, who succumbed to his injuries at the scene. Eyewitnesses, including AW-2 Meinuddin, later confirmed that the car's driver was not only speeding but also driving in a reckless manner, further establishing that the accident was solely due to the gross negligence of the driver.

(3.) The learned counsel for the appellant Insurance Company argued that the Learned Tribunal's decision was erroneous on several grounds. Firstly, it was contended that the accident occurred due to the deceased's own negligence and not due to any fault on the part of the driver of the insured vehicle. The appellant emphasized that the deceased was cycling on the wrong side of the road, thereby contributing to the accident. Therefore, the appellant argued that the Learned Tribunal had wrongly concluded that the driver of the Indica car (bearing registration number RJ 14 CB 3021) was responsible for the accident.