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SUDHANSHU DHULIA, K. VINOD CHANDRAN
Reliance General Insurance Company Limited – Appellant
Versus
Swati Sharma – Respondent
JUDGMENT :
K. VINOD CHANDRAN, J.
1. The petition is filed by the Insurance Company, insurer of a truck which collided with a motor bike leading to fatal injuries to the bike rider. The wife and mother of the deceased filed the claim petition, in which, the Tribunal while making the award found contributory negligence on the deceased. The liability of the award amounts on the insurer of the truck was apportioned at 50%. The claimants and the insurer filed appeals before the High Court. The High Court found negligence solely on the part of the driver of the truck and enhanced the award amounts, against which the instant petition is filed.
2. The learned counsel for the Insurance Company argued that this was a unique case in which the driver of the alleged offending vehicle mounted the box and spoke of the accident, which deposition indicates negligence on the bike rider. This is amply supported by the Officer who investigated the crime. The interested testimony of the eyewitness, who was admitted to be the friend of the deceased should be eschewed considering the over- whelming evidence of negligence on the part of the bike rider.
3. The learned counsel for the respondent Nos.1 and 2 se
Death in motor accident – Insurer who has insured vehicle is bound to indemnify owner of vehicle who has vicarious liability as against negligence of his employee-driver.
Death in motor accident – Conclusion of contributory negligence on mere surmises and conjectures.
Court established shared liability in accident case, determining 40% contributory negligence by deceased, thus reducing compensation from Rs.7,38,000 to Rs.4,42,800.
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