- (1.) THE appellant, the Oriental Insurance Co. Ltd. is aggrieved by the award dated 29.6.2012 passed by the Motor Accident Claims Tribunal, Dausa District, Dausa, whereby the learned Tribunal has granted an award of Rs.5,36,400/ -/ - to the respondents -claimants.
(2.) THE only contention raised by the learned counsel for the appellant before this Court is that it is a case of contributory negligence. But, despite this fact, the entire liability has been fastened on the appellant. According to the learned counsel for the appellant the Tribunal has failed to appreciate the site plan in a proper perspective. In order to buttress this contention, the learned counsel for the appellant has also submitted the site plan before this Court.
(3.) HEARD the learned counsel for the appellant, perused the impugned award, and the site plan produced before this Court. A bare perusal of the site plan clearly reveals that the National Highway No.11 is a highway that lies between Jaipur and Mahua. A bird's eye view of the scene of the accident, drawn in the site plan, clearly shows that the National Highway No.11 is divided into two parts, namely the upper part which shows the road going from Jaipur to Mahua, and the lower part which shows the road going from Mahua to Jaipur. According to the site plan, the offending vehicle, namely Mini -Truck bearing registration no. RJ -08 GA 0338, was travelling from Jaipur to Mahua as shown in the upper part of the site plan, whereas the Jugad (a man made vehicle, constructed for agricultural prupose) was travelling from Mahua to Jaipur as shown in the lower part of the site plan. Since the Bakramandi was on the other side of the road, namely on the road between Jaipur to Mahua, the Judgad travelled across the cut given in the National Highway and was being driven right next to the divider. Meanwhile, the offending vehicle which was coming from Jaipur and going towards Mahua crossed over the middle of the road and weired towards its right and hit the Jugad. This is clear from the place of the accident marked as 'x' in the site plan. Thus, it is obvious that the Jugad was travelling on the correct side of the road i.e. right next to the divider. Meanwhile, the offending vehicle came from the correct side of the road into the wrong part of the road and hit the Judgad. Naturally, therefore, the negligence lay on the part of the driver of the offending vehicle. Hence, the conclusion drawn by the learned Tribunal is legally valid.;