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2022 Supreme(HP) 847

SATYEN VAIDYA
New India Assurance Co. Ltd. – Appellant
Versus
Asha Rani – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Raman Sethi, Advocate.
For the Respondents:Mr. Sunny Modgil, Mr. Vinod Thakur, Advocate.

JUDGMENT :

Satyen Vaidya, J.

The insurer, by way of instant appeal, has assailed the award dated 07.09.2015, passed by learned Motor Accident Claims Tribunal-II, Una in M.A.C.P. No. 37/2014.

2. The claimants (respondents No. 1 to 4 herein) filed a Claim Petition under Section 166 of the Motor Vehicles Act, 1988 (for short ‘Act’) for grant of compensation on account of death of Sh. Mohinder Chand in a motor vehicle accident involving Truck No. HP-22-7495 and Scooter No. HP-20A-4639 that had taken place on 31.01.2014 at Village Bhadsali, Tehsil Haroli, District Una, H.P.

3. As per claimants, Sh. Mohinder Chand was riding Scooter No. HP-20A- 4639 on his way from office to residence. He was accompanied by Mr. Shyam Mohan, who was on the pillion of the scooter. When the scooter reached near Village Bhadsali, it collided with Truck No. HP-22-7495 from the back side of the Truck. It was alleged that the offending truck was parked by its driver negligently and had left the vehicle in a dangerous position on the road without using parking or indicator lights. Due to dense fog on the road, t

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