ANU MUTHA Vs. KAILASH SINGH

JUDGEMENT

(1.) The appellants/claimants have preferred this misc.appeal claiming the following relief :-

(2.) Brief facts as noticed by this Court are that late Shri Omprakash Mutha was posted as Divisional Manager, Oriental Insurance Company Ltd. (O.I.C.), Pali. He along with one late Shri Satyanarayan Meena, Divisional Manager, O.I.C., Sirohi, left Pali for Jaipur to attend meeting of the company in the night on 16/17.3.2007 in Car No. RJ24-C-2121. A Trolla bearing no. HR55-D-5697 was approaching Saini Hotel in Baghawas village situated between Pali and Sojat from the side of Pali in the same direction as was the deceased. It is claimed that the driver of the Trolla suddenly applied brakes negligently as a result thereof the car dashed into the trolla despite taking all due necessary precautions of applying the brakes etc. Late Shri Omprakash Mutha was 46 years of age at the time of accident and drawing monthly salary of Rs.33,123/-and so also, was earning Rs.6,000/- per month by other means. He was an income tax payer and was holding the degrees of M.Com., Ll.B., PG Diploma in Labour Law and Personal Management, C.S., C.A., I.C.W.A.

(3.) Learned counsel for the appellants submits that the learned Tribunal has also evaluated both the positions when the trolla would be standing where it is and secondly, when the trolla applied sudden brakes, then in both the conditions, the negligence of the driver was proved. Learned counsel for the appellants has relied upon the judgment rendered by the Hon'ble Supreme Court in the case of Archit Saini vs. Oriental Insurance Company Ltd. (Civil Appeal Nos.7300-7309/2016, the relevant portion whereof reads as follows :-