Archit Saini vs Oriental Insurance Company Ltd. on 9 February, 2018
It is a matter of record that as per the claim petition, Balkar
(deceased) along with Deepak Kumar (injured) were returning to their
village on the motorcycle bearing registration No. HR-33D-5299, after
completion of construction work at Saraswati School, Pillukhera. It is
specifically pleaded that the offending tractor-trolley was parked in the
middle of the metalled road, without any indicator or reflector to indicate its
presence to the commuters on the road. The accident admittedly took place
at about 6:45 P.M. in February 2017. Learned counsel for the appellant is
3 of 6
::: Downloaded on - 19-01-2020 22:15:51 :::
FAO No. 6644 of 2019 (O&M) -4-
unable to deny that in February, the sun sets early and it is dark at about
6:45 P.M. Learned counsel for the appellant is further unable to deny that
the tractor-trolley was parked on the metalled portion of the road, though, he
has vehemently sought to argue that even though the tractor was parked on
the metalled portion of the road, it was towards the left side of the road. This
argument is clearly misplaced as even if the offending vehicle is parked on
the left side of the metalled road without any indication, it is a grave hazard
to the commuters on the road. In the present case, the deceased was
proceeding on his motorcycle on the same side. It has been held by Hon'ble
Supreme Court in Archit Saini and another Vs. Oriental Insurance
Company Limited and others 2018(5) RCR (Civil) 80 that merely because a
vehicle strikes against a vehicle from behind, does not, per se, lead to an
inference of contributory negligence on the part of the vehicle coming from
behind. Therefore, in the given facts and circumstances of the case, learned
Tribunal has rightly concluded that the accident in question took place due
to the sole rash and negligent act of the driver of the tractor-trolley in having
left his vehicle parked on the metalled road, without any indication of its
presence.