The court found the insurance company liable due to negligent parking of the lorry leading to the victim's death, modifying compensation to ₹29,44,486/- with interest.

JUDGMENT

This appeal is filed by the 2^nd respondent insurance company in OP(MV).No.737/2014 on the file of the Motor Accidents Claims Tribunal, Tirur, challenging the award passed by the said Tribunal.

2. The claimants filed the O.P seeking compensation under Sections 140 & 166 of the Motor Vehicles Act , stating that on 19.01.2013 at about 5.10 a.m, while the victim Abdul Jabbar was riding a motorcycle bearing registration No.KL-55-J-7616 and when it reached near Mannoor Juma Masjid, it dashed on a goods lorry bearing registration No.MH-50-2979 loaded with pipes, which was carelessly parked on the road without any signal and parking light so as to endanger human life. As a result of the accident, the victim sustained serious injuries. Though he was taken to hospital and undergone treatment, he succumbed to the injuries on 17.05.2013. The accident occurred due to the rash and negligent parking of the lorry by the 1^st respondent in the O.P, who was the owner cum driver of the lorry. Appellant herein is the insurer of the said lorry.

3. R1 in the O.P, namely the driver cum owner of the lorry admitted the ownership of the lorry, but he denied any negligence on his part. It was contended by R1 that at the time of accident, the lorry was parked on the side of the road margin giving signal and its parking lights had not been turned off. He denied the case of the claimants that pipes loaded in the lorry were projecting outside and contended that the accident occurred due to the negligence of the victim. It was also stated that the lorry had valid insurance coverage with R2 in the O.P.

4. The insurance company admitted the existence of a valid insurance policy for the lorry bearing registration No.MH-50- 2979, but contended that the accident occurred due to the negligence of the victim. The lorry had been parked on the side of the road and it was not a “No Parking Zone” and its parking lights had not been not turned off. The carelessness of the deceased caused the accident. The police did not register any case on the date of the accident. In the charge sheet filed by the police, no offence under Section 279 IPC has been alleged. There was no insurance coverage for the motorcycle ridden by the victim. It was also contended by the insurance company that, the amount claimed by the claimants are exorbitant.

5. Before the Tribunal, PW1 and PW2 were examined on the side of the claimants and Exts.A1 to A21 marked. No evidence was adduced by the respondents in the O.P.

6. After trial, the learned Tribunal found that the accident occurred due to the negligent parking of the lorry by the lorry driver. The Tribunal directed the insurance company to pay compensation of Rs.34,46,400/- to the claimants with interest at the rate of 7% per annum from the date of petition together with cost.

7. The insurance company assails the award of the Tribunal on the ground that there was no negligence on the part of the lorry driver; that the lorry was parked on the side of the road and it was only due to the negligence and carelessness of the victim that the motorcycle ridden by him dashed against the parked lorry. The learned counsel for the appellant/insurance company pointed out that there was a delay of 5 months in registering the case against the lorry driver and according to the learned counsel, the registration of the crime against the lorry driver after a period of five months of the accident was the result of an after thought.

8. Per contra, the learned counsel for the claimants contended that the lorry was parked on the road in an unsafe manner without any signal or parking light and the iron pipes loaded in the lorry were protrudi