New India Assurance Co. Ltd. vs Shanti & Ors. on 8 January, 2015
In Arun Kumar(supra), it was observed that the driver of the offending
vehicle was himself not watchful about the cyclist following the truck. It
was further observed that the cyclist was also responsible for coming in
front of the motor truck suddenly and thus, it was held that the cyclist
himself contributed to the accident. The facts of the instant case are
completely different. Here, the tractor driver had suddenly taken a right
turn towards Jain Dada Badi Mandir Road, Mehrauli and the motor
cyclist i.e. the deceased was caught unaware. The driver of the tractor
has not come forward to rebut the filing of the criminal case and the
manner of accident which is demonstrated by the site plan. In view of
this, negligence for the purpose of a claim petition under Section 166 of
the Motor Vehicles Accident, 1988 is sufficiently established.
LOSS OF DEPENDENCY: