SNEH PRASHAR,J - (1.) . - Assailing the award dated 19.11.2013 passed by learned Motor Accident Claims Tribunal, Chandigarh (for short, "the Tribunal") in MACT Case No.12/179 of 2010 filed by the claimants (respondents No.1 and
(2.) herein), the appellant-insurer of the vehicle involved in the accident i.e. Tata-407, filed the instant appeal. 2. In the claim petition, the averments of the claimants were that on 26.11.2009 Mohd. Razak (since deceased) along with his brother Mohd. Azad were coming from Azad Market, Delhi by means of Tata-407 No.PB-06D-2214 (for short, "Tata-407") being driven by Manjit Singh. At about 5:10 a.m., when they reached near Tepla Bus Stand, their Tata-407 struck into a stationary truck bearing No.PB-12G-4645 (hereinafter referred to as "the offending truck") from the backside as it was parked on the wrong side of the road without any indication. As a result of accident, Mohd. Razak suffered serious injuries which led to his death.
(3.) Alleging that the accident occurred due to negligent parking of the offending truck, the claimants claimed compensation from the driver, owner and insurer of the offending truck, who were impleaded as respondents No.1 to 3 in the claim petition filed by them. The respondents contested the petition. On the rival contentions of the parties, issues were framed and both the parties were given opportunity to adduce evidence to discharge the onus of the respective issues on them. Considering the evidence brought on record and the submissions made by learned counsel for the parties, learned Tribunal partly allowed the petition with costs and awarded compensation to the tune of L 9,89,800/- along with interest at the rate of 6% per annum to the claimants. All the three respondents were held jointly and severally liable for payment of the compensation amount.;