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2016 DIGILAW 493 (UTT)

Reliance General Insurance Co. Ltd. v. Hema Devi

2016-08-19

SERVESH KUMAR GUPTA

body2016
JUDGMENT : Servesh Kumar Gupta, J. 1. Both these appeals pertain to the judgment rendered by the Tribunal on 27.07.2010 in different Claim Petitions (MACP Nos. 423 of 2008 and 424 of 2008), though arisen out of the same accident, hence are being taken up together for adjudication. 2. The accident occurred on 28.10.2008 at 8.30 PM when the auspicious occasion of Deepawali festival turned into the dreaded event to both families of the claimants because their sole bread and butter earner Mr. Puran Singh as well as Mr. Anand Singh lost their life in this fatal accident. 3. They were boarded in a Tempo (bearing no. UA-06F-4485) and were traveling from Rudrapur to Pantnagar. Their Tempo in order to de-board them suddenly took right turn towards police line without having precaution and observing the vigilance that the Roadways Bus (bearing no. UA-07S-7026) was coming from in front. 4. Roadways Bus driver also could not stop the bus so quickly because he could not anticipate that the front coming Tempo was going to take sudden right turn. 5. This way, the accident occurred and Bus dashed with the Tempo, as a consequence, Mr. Puran Singh, a young man reaching at the age of nearly 40 and Mr. Anand Singh, who was running in his late 20’s lost their life. 6. Both vehicles were insured. Roadways Bus was insured with the Oriental Insurance Company while Tempo had insurance cover with the Reliance General Insurance Company. 7. Learned Tribunal determined the amount of award with the finding that both vehicles were negligent in contributive way causing this accident. So, the liability to satisfy the award has been fastened upon both the insurance company 50-50 percent. 8. The Reliance General Insurance Company feeling aggrieved with the said award has come up before this Court by way of filing these two appeals. 9. Learned counsel on behalf of the insurance company has strenuously argued that it was not the contributory negligence to be assigned on the part of the Tempo but such accident occurred due to rash and negligent driving of the Roadways Bus driver, therefore, the whole responsibility to meet out the award should be on the Oriental Insurance Company. 10. 9. Learned counsel on behalf of the insurance company has strenuously argued that it was not the contributory negligence to be assigned on the part of the Tempo but such accident occurred due to rash and negligent driving of the Roadways Bus driver, therefore, the whole responsibility to meet out the award should be on the Oriental Insurance Company. 10. This Court in order to appreciate the argument of learned counsel on behalf of the insurance company have a look on the spot map prepared by the Investigating Officer of the Police Outpost, SIDCUL, which is available in the LCR. This map manifests that the Bus was travelling in its left side while Tempo, all of sudden, seems to have taken a turn towards the police line road. 11. The spot is a National Highway, therefore, it was expected from the Tempo driver to be cautious and vigilant while taking sudden right turn towards police line. 12. It would be unjustified to expect from the Bus driver to anticipate and read the mind of Tempo driver and that is the reason he could not stop the bus so suddenly and promptly resulting the fateful accident. 13. I do agree with the analysis of the evidence as has been appreciated by the learned Tribunal and do not find any infirmity in the same to warrant the interference by this Court. 14. On the question of quantum as well, this Court has perused the impugned judgment and feel that there is also no sufficient ground to interfere with the same. 15. In view of what has been set forth above, both these appeals have no force and are hereby dismissed. 16. The compulsory statutory amount, if lying in the Registry, shall be remitted back to the Tribunal concerned. The rest of the amount, if any, shall be deposited by the insurance company within six weeks from today, which shall be reimbursed to all the claimants as per their respective shares. 17. Let a certified copy of this judgment along with LCR be sent to the Tribunal concerned for information and compliance.