- (1.) The driver and the legal heir of the owner of the offending truck have preferred the present appeal challenging the negligence attributed to the 1 st appellant in driving the offending truck and the quantum of compensation fixed by the Tribunal.
(2.) It is alleged in the claim petition that on 28.10.2009, Dharam Pal Singh and his son Manjit Paul proceeded to Jalandhar on their Safari car bearing registration No. HR 26-L-3042 to do some domestic work. When they were returning to their village at about 10.30 P.M. the car was driven by Manjit Paul. They found the truck bearing registration No. PB08-K-8955 parked on the G.T. Road in a negligent way without rear indicators and reflectors on the backside of the truck. Manjit Paul tried to stop the car but the Safari car struck on the backside of the truck and as a result of which Manjit Paul received multiple injuries on his face and chest and died on the spot.
(3.) The 1 st respondent has attributed negligence on the deceased who drove the Tata Safari vehicle. He has submitted that the truck was parked on the Katcha path with parking lights.;