Accident--Negligence--Moving vehicle dashed from behind into standing vehicle--Sole negligence would be on standing vehicle.

SURINDER GUPTA, J.

1. This is appeal by claimants, Manjit Kaur and others, seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, Kurukshetra (later referred to as ‘the Tribunal’) for death of Ajit Singh (later referred to as ‘the deceased’) in a motor vehicle accident on 21.07.2001 with truck bearing registration no. HR-37-8206 (later referred to as ‘the offending vehicle’).

FAO No. 2673 of 2006

2. This is appeal by Baldev Raj seeking enhancement of compensation for damage to his vehicle bearing registration no. CH-01-N-0359 in a motor vehicle accident with the offending vehicle.

BRIEF FACTS

3. Case of claimants, in brief, is that on 21.07.2001, the deceased alongwith his wife Manjit Kaur and daughter Manpreet Kaur was going from Jalandhar to Delhi in tempo bearing registration no. CH-01-N-0359, which was being driven by its driver Baldev Raj at a very moderate speed. At about 2.30 a.m., when they reached in the area of village Dhantori on G.T. road, their vehicle hit against the offending vehicle, which had been parked in middle of the road without observing traffic rules, taking proper precautions and without any light and indicators, as a result which, Ajit Singh died at the spot due to injuries suffered by him in chest and head while other occupants of the tempo also suffered injuries. The matter was reported to the police vide FIR No. 280 dated 22.07.2001, registered at Police Station Shahabad for offence punishable under Sections 279, 337 and 304-A IPC. Claimants alleged that the deceased was a driver by profession and was earning Rs. 8000/- per month. They spent Rs. 70,000/- on transportation and last rites of the deceased and claimed compensation of Rs. 10 lacs.

4. In written statement filed by owner and driver of the offending vehicle, all the averments in claim petition were denied inter-alia pleading that the accident, if any, took place, it was due to sole negligence and fault of driving of the tempo driver, which dashed the offending vehicle from behind while it had been parked on its right side kacha portion of the road. It was, however, averred that the vehicle was duly insured with the oriental insurance company and respondent no. 1, who was driving the offending vehicle, possessed legal and valid driving licence.

5. Insurer of the offending vehicle in its separate written statement also denied all the averments of claimants including the accident.

6. Pleadings of parties led to framing of the issues as follows:-

1. Whether Jagtar Singh driving his truck bearing no. HR-37-8206 in rash and negligent manner caused accident resulting in death of Ajit Singh and damage to Tempo No. CH-01N-0359 in the area of police station Shahabad on 22.07.2001? OPP

2. If issue no. 1 is proved, whether claimants are entitled to the compensation, if so, to what amount and from whom? OPP

3. Whether there has been any breach of condition of insurance policy, if so, its effect? OPD

4. Relief.

7. The Tribunal while recording finding on issue no. 1 held that the accident took place as the offending vehicle was standing on main road without any signal or parking lights. The Tribunal, however, observed that the tempo had hit the truck from behind, as such, driver of the tempo cannot be absolved from his negligence in causing the accident. With the above observations drivers of both the vehicles were held equally liable for the accident.

8. While assessing quantum of compensation, the Tribunal took monthly income of the deceased as Rs. 2500/- and calculated amount of compensation as follows:-