Rajasthan Court April 2006 Judgments

National Insurance Company Ltd. Vs. Mrs. Sunita Yadav and ors.

Court: Rajasthan

Reported in: III(2006)ACC510; 2008ACJ745

ORDERR.S. Chauhan, J.1. The appellant, Insurance Company, has challenged the award dated 15.10.2005 passed by the Motor Accident Claims Tribunal, Kotputali, District Jaipur (Raj.) whereby the learned Tribunal has awarded a compensation of Rs. 80,538 to Mrs. Sunita Yadav, the claimant, for the injuries sustained by her in an accident.2. The brief facts of the case are that on 18.2.2001 Mrs. Sunita Yadav was travelling in a jeep, bearing Registration No. RJ-14/C-6855 along with other persons, for attending a marriage. Around 7.30 p.m. while the jeep was moving at a moderate speed, a truck bearing Registration No. D1 -1G B-4299, was standing on the left side of the road outside a 'Dhaba'. Although it was night, the truck neither had any indicator, nor any reflector on to let the drivers coming from behind know that the truck was parked on the road. Since the driver of the jeep did not see the parked truck, it collided with the truck. Resultantly, four persons died and others, like the res...