The Oriental Insurance Company Ltd. vs Saroj Singh And 7 Others on 20 January, 2021
9. In the light of above submission record of the case is perused. Issue no. 2 has been framed in regard to contributory negligence of the driver of the motorcycle. It has discarded the evidence of PW1 on the aspect of contributory negligence, but has given a finding of contributory negligence on the basis of the evidence adduced on behalf of the insurance company, which had produced driver of the bus Ram Sewak Paswan, who deposed that he was moving on his left hand side at normal speed, when driver of the motorcycle came from a wrong direction from right hand side and had hit the bus. He had applied the break which caused injuries to passengers of the bus. Tribunal has also taken into consideration the spot map, Exhibit 88/2, produced by respondent no. 4-insurance company and prepared by the investigating officer from which it became evident that there was factum of contributory negligence on the part of the driver of the motorcycle, inasmuch as bus was moving from Gorakhpur to Deoria, when motorcycle was coming from the side of Deoria had hit the bus on the center of the road. When this evidence is taken into consideration, as has been adduced on behalf of the insurance company, then it is apparent that none of the judgments cited by the learned counsel for the claimants namely, Mangla Ram vs. Oriental Insurance Co. Ltd. and Others, 2018 ACJ 1300, U.P. State Road Transport Corporation vs. Rani Srivastava and Others, 2006 ACJ 1864, Uttaranchal State Road Transport Corporation vs. Chohtey Lal and Others, 2008 (3) TAC 547 (All.