The main legal point established in the judgment is the application of contributory negligence in motor accident cases and the duty of the driver to maintain a safe distance from the vehicle ahead.

1. The appellants have challenged the awards dated 17th February, 2018 whereby the Claims Tribunal dismissed their claim petitions for compensation on the ground that they have failed to prove the rashness and negligence of respondent no.1.

2. On 22nd February, 2017, five persons, namely, Narender Singh, his wife – Neena Singh, his mother – Kamla Devi, his daughter – Vandna Kumari and his niece – Jyoti Kumari were travelling in a car bearing No. DL-3CAG-3734 while coming from Himachal Pradesh to Delhi. The car was being driven by Narender Singh. At about 21:00 hours on 22nd February, 2017, the car was on the national highway near P.S. Shahabad, Kurukshetra, when a truck bearing registration No.HR-63-8954 moving ahead of the car suddenly stopped and the car hit the rear portion of the truck which resulted in death of Neena and grievous injuries to Narender Singh, Kamla Devi, Vandna Kumari and Jyoti Kumari.

3. The police registered FIR No.0090 dated 23rd February, 2017 at P.S. Shahabad, Kurukshetra under Sections 279/337/338/304A IPC against driver of the truck No.HR-63-8954, Ramesh Kumar.

4. On 16th April, 2017, the police filed the chargesheet under Section 173 Cr.P.C. against Ramesh Kumar under Sections 279/337/338/304A IPC. The appellants placed on record the certified copies of the FIR, chargesheet, site plan and mechanical inspection report of both the vehicles before the Claims Tribunal.

5. On 30th May, 2017, Sub-Divisional Judicial Magistrate, Shahabad framed charges against Ramesh Kumar under Sections 279/337/338/304A IPC.

6. Five claim petitions were filed before the Claims Tribunal, one relating to the death of Neena and four claim petitions relating to grievous injuries suffered by Narender Singh, Jyoti Kumari, Vandana Kumari and Kamla Devi.

7. Respondent no.1, Ramesh Kumar, driver-cum-registered owner of the truck filed the written statement claiming that Narender Singh was driving the car at a very high speed and hit the stationary truck from behind in an attempt to overtake the truck from the wrong side.

8. Narender Singh appeared in the witness box as PW-1 and deposed that on 22nd February, 2017, he was driving car bearing No. DL-3CAG-3734 in which Neena, Kamla, Vandana and Jyoti Kumari were travelling; at about 21:00 hrs, on reaching P.S. Shahabad, Kurukshetra on national highway, all of a sudden and without any cause or cogent reason, truck bearing registration No. HR-63-8954 moving ahead of the car stopped itself in middle of road without any signal or indicator on flyover. In the cross-examination, PW-1 admitted that he applied the brake when the truck stopped suddenly but the car could not stop and it hit the truck from behind. He denied the suggestion that the truck was parked on the left side of the road due to breakdown. Ramesh Kumar, driver of the truck, did not appear in the witness box to rebut the evidence led by the appellants.

9. Respondent no.2, New India Assurance Company Ltd. did not lead any evidence to rebut the evidence led by the claimants.

10. The Claims Tribunal held that the appellants have failed to prove the rash and negligent driving of respondent no.1. The relevant portion of the award in MAC. APP. 276/2018 is reproduced hereunder:

“………I have considered the submissions alongwith the records. In the claim petition itself, it is noted that the truck bearing No. HR 63 8954 was moving ahead of the car of the petitioner stopped without any indicator and the car struck against the rear portion of the truck leading to injury/death of the passengers. Sh. Narender Singh i.e. father of injured who was driving the car bearing No. DL 3 CAG 3734 hit the truck in back side; the truck applied the brake and he was coming behind the truck also applied the brake but struck behind the truck and caused the accident. It is noted that the MLC relied by the petitioner Ex PW 2/2 does not disclose the nature of the injury at all. The PW1 i.e. Narender Singh during cross examination admitted that car was being