IMPORTANT POINT
The court established that negligence in vehicular accidents must be clearly evidenced, and contributory negligence must be carefully assessed to determine liability and compensation.

JUDGMENT :

AMARJOT BHATTI, J.

1. The appellant – Reliance General Insurance Company Ltd. in FAO-1814-2014 has filed the present appeal for setting aside the impugned award dated 23.12.2013 passed by learned Motor Accident Claims Tribunal, Jhajjar, whereas, the appellants/claimants – Smt. Sunil and her minor children namely Sonal (daughter), Sawan (son), Neetu (daughter), Rohit (son) and Neha (daughter) (through their mother being guardian) in FAO-3061-2017 have filed the present appeal alongwith Civil Misc. No. 10129-CII-2017 under Section 5 of Limitation Act for modification and enhancement of compensation amount of Rs. 20,95,776/- alongwith interest awarded by the Tribunal as detailed therein. Both these appeals have arisen out of the same award dated 23.12.2013, therefore, the appeals are taken up together for disposal.

2. The facts of the case are that Smt. Sunil widow of Dharmender and her minor children claimants No. 2 to 6 through their mother Smt. Sunil being their guardian filed the present claim petition under Section 166 of Motor Vehicles Act, 1988 for grant of compensation on account of death of her husband in a Motor vehicular accident which took place on 02.12.2010. Dharmender son of Sh. Tara Chand was 40 years old and he was serving in Haryana Police Department at the time of accident. He was drawing salary of Rs. 25,000/- per month. On the fateful day of 02.12.2010, Narender Singh – complainant was present in his house when his friend Dharmender and Suraj Bhan came to his house and all of them left for Jhajjar at about 06:00 P.M. in Maruti car belonging to Dharmender and after completing their personal work, they left for Gurgaon in the same car which was driven by Dharmender. Suraj Bhan was sitting at the front seat by the side of Dharmender, whereas, he was sitting at the rear seat. At about 08:15 P.M. they reached Yakubpur and were going towards Farrakh Nagar and when they reached near Pattaka factory, their car hit behind a Trolla which was parked on the road without indicator or reflectors thereon. Dharmender was driving his car at a normal speed and due to the reflection of light of the vehicles coming from front side, their car hit behind the Trolla which was parked on the road. Dharmender and Suraj Bhan sustained multiple injuries on their person, whereas, he had suffered simple injuries. He took out Dharmender and Suraj Bhan out of the car. He noticed the registration number of Trolla as HR-46B-2316. The driver of the Trolla fled away from the place of occurrence. He could identify the driver on seeing. The complainant further noticed that there was blood behind the Trolla. A ladies sleeper was lying there on the road and a motorcycle was also lying in damaged condition. It appeared that the said motorcycle had also collided with the said Trolla. He made arrangement and took Dharmender and Suraj Bhan to Kalyani Hospital, Gurgaon for treatment. One relative of Dharmender namely Sant Ram met him at the gate of hospital who admitted both the injured in the hospital. The accident had taken place due to the wrong parking of Trolla on the road without using any signal, reflector or indicators. Regarding this accident FIR No. 729 dated 03.12.2010 was registered under Section 283, 336, 337, 304-A of IPC, Police Station Jhajjar. The deceased Dharmender remained under treatment and ultimately he succumbed to the injuries on 28.12.2010. They had spent Rs. 15 lacs on treatment and Rs. 1 lac on transportation, funeral etc. The Trolla was driven by Rakesh Kumar – respondent No. 1. It was owned by Balwan Singh – respondent No. 2 and it was insured with Reliance General Insurance Co. Ltd. - respondent No. 3. The claimants have claimed compensation to the tune of Rs. 50 lacs alongwith interest as detailed therein.

3. Notice of claim application was given to the respondents. The respondent No. 1 appeared and filed written reply taking preliminary objection that the deceased himself was negligent in driving the car and dashe