A driver parking a heavy vehicle on a highway without warning indicators during poor visibility is solely liable for a resulting collision, and death benefits or compassionate assistance received by heirs are not deductible from motor accident compensation.

SUDEEPTI SHARMA, J.

1. The present appeal has been filed by the appellant-Insurance company against the award dated 26.10.2021 passed in a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 by the Motor Accident Claims Tribunal, Karnal (for short, 'the Tribunal'), wherein the claim petition filed by the claimants was allowed and appellant-Insurance company was made liable to pay the compensation.

BRIEF FACTS OF THE CASE

2. Brief facts of the case are that on 21.12.2017 at about 9.20 A.M., the claimant-injured Randhir Singh had boarded the bus bearing registration no. HR45-B-6252, which was being driven by its driver i.e. respondent no.1 namely Balraj Singh from Karnal to Chandigarh. When the said bus reached near Nilokheri Jhilmil Dhaba on G.T. Road, Karnal, then the driver of the said bus hit the said bus into a truck bearing registration no. HR55-P-0165. Both the said drivers of the vehicles i.e. driver of the bus as well as the driver of the truck were negligent and careless as they were not observing the traffic rules. The driver of the bus was driving the bus in rash and negligent manner without observing the traffic rules and he did not see the truck parked on the G.T. Road. Similarly, the driver of the truck was also careless and negligent as he had parked his truck on the G.T. Road without any indicator as well as light. Due to this accident, the driver of the bus along with so many passengers sustained serious, multiple and grievous injuries. It is further pleaded that the claimant-injured was sitting in the bus just behind the seat of the driver. Due to the impact of this accident, the claimant-injured sustained serious, multiple and grievous injuries including the fracture on his right knee, right leg and right thigh as well as on his back bone and various other abrasions on various parts of his body. The other passengers had also sustained serious, multiple and grievous injuries in the accident in question. After the accident, the claimant-injured was taken to General Hospital, Karnal where he was medico legally examined vide MLR No.KJ-90/17 dated 21.12.2017 and thereafter due to his serious, multiple and grievous injuries, he was shifted to Medline Hospital, Duggal Colony, Karnal for treatment. He has spent an amount of Rs.4,00,000/- on his treatment, medicines, hospitalization, doctor fees, transportation, special diet etc. Operation on his leg was also done by the Doctor. Thereafter, FIR bearing no. 482 dated 21.12.2017 under sections 283 and 304-A IPC was registered with the Police Station Butana, Karnal. It is further pleaded that at the time of accident, claimant-injured was having 30 years of age. He was running a shop of tyre puncture situated at Sambhli Road, Nissing, District Karnal and was earning a sum of Rs.15,000/- per month. He was the only bread earner of his family. But due to the serious, multiple and grievous injuries sustained in the accident in question, he has become crippled and he is even unable to move, walk, sit, climb the stair etc. He is still under treatment. It is prayed that a sum of Rs.20,00,000/- as compensation along with interest at the rate of 18% per annum from the date of accident till its realization may kindly be awarded in favour of the claimant and against the respondents along with cost.

3. Upon notice of the claim petition, respondents appeared and contested the claim petition by filing their separate written replies denying the factum of accident/compensation.

4. From the pleadings of the parties, the Tribunal framed the following issues:-

“1. Whether the accident in question took place on 21.12.2017 at about 9.20 A.M. near Zhilmil Dhaba Nilokheri, G.T. Road, in the area of P.S. Butana, District Karnal on account of rash and negligent driving of offending vehicle i.e. Ashok Leyland Truck bearing registration no. HR55-P-0165 by respondent Bhim Ram resulting into injuries to Randhir Singh, Pooja Tanwar and death of Balraj Singh?OPP.

2. If issue no. 1 is