- (1.) By way of this order, I shall dispose of FAO-2562-2013 titled "HDFC Ergo General Insurance Company Ltd. Vs. Satbir Singh(MR) and others" with cross objections-67-CII-2013, emerged out of common award dated 23.02.2013 passed by the learned Motor Accident Claims Tribunal, Gurgaon (in short 'The Tribunal) whereby compensation to the tune of Rs.20,90,000/- has been awarded in favour of the claimants, parents of deceased Sourabh Mor.
(2.) On 13.04.2012 at about 11.30 PM, deceased Sourabh Mor was on his way back to his house while travelling on his motor cycle bearing No.DL-4-SAY-0960. When he reached in MDI Chowk, truck bearing No.HR-38-P-6742 was going ahead of the motor cycle of the deceased. As per allegations, the driver of the aforesaid truck namely Ajbar Ali suddenly applied emergency brakes and as a result, the motor cycle of the deceased hit rear portion of the offending vehicle and fell down. The deceased sustained serious head injuries and died on the spot. FIR No.195 dated 14.04.2012 under Sections 279, 304-A IPC was registered by Surender, brother of the deceased and an eye witness to the occurrence. The learned Tribunal held the accident to be result of rash and negligent driving of vehicle bearing No. HR-38-P-6742 by respondent No.1 and accordingly issue No.1 was determined in favour of the claimants. The learned Tribunal while disposing of issue No.2 computed compensation to the extent of Rs.20,85,000/- under the following heads:- Loss of dependency Rs.1,86,352/- p.a. X 11 = Rs.20,69,872/- Funeral expenses Rs.10,000/- Loss of estate Rs.10,000/-
(3.) The Insurance Company has preferred the appeal primarily on two counts. The first submission made by counsel is that as the motor cycle driven by the deceased struck rear portion of the truck in question, it proves that the deceased did not maintain sufficient distance from the truck and owing to his speed and rashness in driving the motor cycle, he could not control the vehicle and hit the truck. It is argued with vehemence that even if the deceased was not exclusively responsible for the occurrence but he cannot escape his contributory negligence in the accident and therefore, the Insurance company cannot be fastened with liability to pay the entire amount of compensation.;