- (1.) The present appeal has been filed by the Reliance General Insurance Company Limited challenging the Award dated 21.05.2014 passed by the learned Motor Accident Claims Tribunal, Patiala, (for brevity "learned Tribunal") whereby a sum of Rs. 15,09,360/- along with interest at the rate of 7.5% per annum from the date of filing of the petition till realization was granted as compensation to Gurpreet Singh (widow), Lakhwinder Kaur, Rajwinder Kaur, Arshpreet Kaur, Harleen Kaur (minor daughters), Anmol Singh (minor son), Shanti Kaur and Fagga Singh (the parents) of Amarjit Singh (since deceased).
(2.) Learned counsel for the appellant has raised the following contentions:- i) The accident had occurred due to contributory negligence of Amarjit Singh son of Fagga Singh (since deceased) therefore, the learned Tribunal should have apportioned 50% of the awarded amount on account of negligence of Amarjit Singh (since deceased); ii) the learned Tribunal had added 50% income of Amarjit Singh (since deceased) in his annual income while assessing the award which was contrary to the reference made by Hon'ble the Supreme Court in the matter of National Insurance Company Limited vs. Pushpa and Others, Special Leave to Appeal No.8058 of 2014 decided on 02.07.2014; and iii) that the driver-cum-registered owner of the offending truck bearing registration No.PB-07F-5381 was proceeded against ex parte, therefore, the recovery rights should not have been given to the appellant- Insurance Company because it would be difficult for the appellant to recover the amount from the registered owner.
(3.) Brief facts of the case are that on 23.01.2012, Amarjit Singh son of Fagga Singh (since deceased) along with Amarjit Singh @ Jeeta son of Mohan Lal while driving his motorcycle bearing Registration No. PB-07F-5381 was proceeding towards Patiala. Amarjit Singh (since deceased) was driving his motorcycle on his correct side of the road at a moderate speed which was being followed by another motorcycle being driven by Labh Singh son of Raunki Ram whereas Amanpreet son of Raj Kumar (PW2) was a pillion. At about 6.45 p.m, when both the motorcycles reached near barrier of Roharjagir, a truck bearing Registration No.HR-55A-2860 (offending vehicle) was lying parked on the wrong side of the road in contravention of the traffic rules. There were no reflectors or indicators or parking light available on the rear side of the said truck. On account of reflection of the lights of on-coming traffic from the opposite direction, the offending truck parked on the road could not be located by Amarjit Singh (since deceased) and, as such, motorcycle being driven by Amarjit hit the rear portion of the offending vehicle. As a result thereof, Amarjit Singh (since deceased) and Amarjit Singh son of Mohan Lal fell down on the road and sustained multiple injuries. Both the occupants of the ill-fated motorcycles succumbed to their injuries. Amanpreet Singh (PW2) and Labh Singh son of Raunki Ram carried the corpus of the deceased to the hospital and thereafter the matter was reported to the police on the basis of which an FIR was registered.;