- (1.) The present appeal has been filed by the Reliance General Insurance Company Limited challenging the Award dated 31.03.2014 passed by the learned Motor Accident Claims Tribunal, Ropar, (for brevity " learned Tribunal") whereby a compensation of Rs. 10,80,800/- was granted in favour of the mother and the widow of Ravinder Kumar (since deceased).
(2.) Learned counsel for the appellant has raised the following two arguments:- i) that the accident in question had occurred solely due to the negligence on the part of two-wheeler driver on which Ravinder Kumar (since deceased) was pillion. The FIR was lodged against Darshan Kumar, the driver of the two-wheeler. The challan was presented against Darshan Kumar. The truck was parked on the extreme left side of the road at the tax barrier and, as such, the learned Tribunal has wrongly held that it was a case of contributory negligence on the part of the truck driver. He further contends that yet another claim petition filed by the driver of the two-wheeler was presented and decided by the same Presiding Officer i.e. learned Tribunal whereby it was held that the accident had occured due to the negligence of the driver of the twowheeler and, as such, his claim petition was dismissed. ii) the learned Tribunal has wrongly added 30% annual income of Ravinder Kumar (since deceased) as prospective income. To substantiate his argument, he has placed reliance in the matter of National Insurance Company Limited vs. Pushpa and Others, Special Leave to Appeal No.8058 of 2014.
(3.) I have heard the learned counsel for the appellant and with his able assistance gone through the material available on record.;