Interesting facts – who is responsible for accident
Interesting – the facts in para 16 of the judgment show that in other five claim petitions arising out of the same accident the Tribunal held that the deceased driver of Swift car was responsible for the accident. However, in the instant case, the Tribunal found both the drivers of Swift and Travera cars responsible for the accident.
FACTS — Swift Car driven by the deceased Ashok – aged 47 years and police constable – dashed against the road divider on four-lane highway and crossed to the opposite side of the road, whereas, Tavera car on opposite road collided with Swift car.
According to the claimants, driver of Tavera car was responsible for the accident, whereas, according to the Insurer, Ashok was responsible and therefore, claim is not maintainable.
The Tribunal held both the drivers responsible and awarded compensation of Rs.24,84,480/- vide Award dated 6.4.2018 as against the claim of Rs.1 crore of the claimants – respondent nos.1 to 5 in the appeal.
In appeal of the Insurer, the High Court, on evolution of the evidence and noting the judgments in other five petitions, was found that there was plenty of material to establish sole negligence of deceased driver of swift car in the cause of accident. Therefore, it was held that the claimants have no cause of action to raise and maintain claim under Section 166 of the Act.
