JAMIL KHAN Vs. BAJAJ ALLIANZ GENERAL INSURANCE

JUDGEMENT

(1.) The present appeal has been preferred by the appellants driver and owner against the award dated 21.7.2010, passed by the learned Motor Accident Claims Tribunal, Faridabad, (for short, 'the Tribunal').

(2.) Briefly stated, the facts of the present case are that on 26.1.2008, Rajbir Singh, since deceased, along with the claimants respondents was coming from Village Baroli, UP to Subhash Colony Faridabad, in a Maruti Car bearing registration No.HR-29- D-7171 being driven by the deceased himself. At about 8.00 p.m., when they reached near Bapu Nagar, NH-2, the maruti car struck with an Eicher Canter (Temporary No.RJ-02TC-1212/972), which was parked in the middle of the road without parking lights on or indicators, in a negligent manner. Due to the accident, all the occupants of the maruti car received injuries and were removed to the B.K. Hospital, Faridabad, where, the deceased Rajbir Singh succumbed to his injuries.

(3.) In this background, the claimants-respondents filed claim petition before the learned Tribunal seeking compensation. On the pleadings of the parties, issues were framed, evidence was recorded and that claimants-appellants were awarded an amount of Rs.6,16,000/-. The learned Tribunal also exonerated the Insurance Company from satisfying the Award whereas the appellants-driver and owner, were held liable. Feeling dissatisfied against the aforesaid findings, the appellants came up in this appeal.