- (1.)Both the aforesaid appeals are directed against the judgment dated 9.8.2010 passed in Motor Accident Claim No. 53 of 2001 , whereby, the Tribunal has allowed claim for compensation and awarded an amount of Rs. 11,88,380/- together with interest. F.A.F.O. No. 1375 of 2010 has been filed by the claimant/defendants seeking enhancement of compensation, whereas, F.A.F.O. No. 1380 of 2010 has been filed by the Insurance Company, questioning the determination, aforesaid, of the Tribunal. Since both the appeals are arising out of the same judgment and accident as such, they have been heard together and are being decided by this common judgment.
(2.)On 23.3.2000, deceased Sandeep Bhalla, employed as Assistant Engineer in U.P. Power Corporation Ltd. was returning to Sitapur by Maruti Car No. 32 V-8060. When the car reached Bhagwatipur, it dashed into Tanker No. U.T.U.-9904 parked on the road at about 8.30 p.m. The deceased, who was driving the car sustained serious injuries, which proved fatal. A claim under Section 166 of the Motor Vehicles Act was instituted by the wife and two minor children of the deceased, seeking compensation for them and also for defendants No. 4 & 5, who are the parents of the deceased. The case set up by the claimants was that while the deceased was returning from Sidhauli to Sitapur along with another official of Power Corporation Sri R.P. Saxena, JMT, the Maruti Vehicle of the deceased dashed into a tanker , which was diagonally parked on road in an irresponsible and dangerous manner, virtually blocking the entire metteled road, at Bhagwatipur on the main Lucknow Sitapur road. Neither any indicator nor any signs had been displayed so that the traffic moving on the road could know that road stood blocked due to parking of the tanker. No other safety precaution had been resorted by the owner and the driver of the tanker. It was on account of the negligence and irresponsible parking of the tanker on the road, that the deceased met with an accident, causing his death. The deceased was around 34 years of age and being an Assistant Engineer in the U.P. Power Corporation Ltd. was drawing salary of Rs. 16,160/- per month. The deceased was an expert driver having a valid driving licence and the vehicle was being driven by him with utmost care and caution. An amount of Rs. 45,25,000/- under different heads was claimed as compensation.
(3.)Per contra, the owner filed a written statement, stating therein that the vehicle was insured and the driver of the tanker had a valid driving licence. According to the owner, the tanker had operational fault and thus was parked on the left road side land. The engine of the tanker was off. The tanker was parked on jack as one of its tier got deflated. It was further stated that the parking lights were on and the vehicle was surrounded with small bricks clearly indicating that vehicle was parked on the road side land. It, therefore, claimed that the accident was caused on account of rash and negligent driving of the deceased, who could not control his vehicle and it was due to the fault of the deceased driver that the accident took place and no compensation was payable by the tanker owner. The insurance company also took similar stand in its written statement, in addition to routine objections.