Mr. Ajay Tewari, J (Oral) - This order shall dispose of FAO Nos.5178, 5179 and 4893 of 2011, as the same arise from the same accident. FAO Nos.5178 and 5179 of 2011 have been filed by the Insurance Company on the ground that in the circumstances of the case, it was not fair and just for the Tribunal to have fastened 100% liability on the driver of the tractor trolley. FAO No.4893 of 2011 has been filed by the claimant-Prem Kumar for enhancement of compensation. In this accident, Prem Kumar and Subhash Chand were injured.

FAO Nos.5178-79 of 2011

Counsel for the Insurance Company has argued that even if the facts as pleaded in the claim petition are accepted as gospel truth, yet it has come on record that at about 2.30 AM at night, TATA 407 vehicle, being driven by Prem Kumar collided suddenly with the parked tractor trolley. As per the counsel, even if it was taken that the tractor trolley was wrongly parked on the middle of the road, TATA 407 vehicle cannot escape some liability. As per him, even at night the head lights of TATA 407 vehicle would illuminate the road for at-least 50 yards and if a person is carefully driving a vehicle, he would see that some vehicle has bee