Jharkhand High Court
Damyanti Sundi & Others vs Mukesh Kumar & Another on 9 July, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 64 of 2018
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Damyanti Sundi & Others .... ..... Appellants
Versus
Mukesh Kumar & Another .... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
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For the Appellants : Mr. Jitendra Nath Upadhyay, Advocate.
For the Respondent No.2: Mr. Pratiyush Kumar, Advocate.
........
08/09.07.2021.
Learned counsel for the appellants, Mr. Jitendra Nath
Upadhyay has submitted that Damyanti Sundi along with her
husband Lal Singh Sundi were going on motorcycle bearing
registration no. MP-12F-6558 and about 7:00 P.M. when they
reached near Baba Hotel at Nildungri at Tata Hata Road, a ten
wheeler Truck bearing registration no. JH-05AF-1514 being driven
rashly and negligently suddenly stood in the middle of the road in
negligent manner blocking the road without any indication of
parking light on, due to dark night the deceased Lal Singh Sundi lost
his balance of his motorcycle and dashed the said Truck from behind
and Lal Singh Sundi along with his wife Damyanti Sundi fallen
down on the road and caused grievous injuries to him and his wife.
Both were taken to TMH Hospital for treatment, but Lal Singh Sundi
died in course of treatment on 15.12.2014.
Learned counsel for the appellants has further submitted that
the learned Tribunal has considered the previous judgment and has
deducted 40% of the compensation on the ground of contributory
negligence by holding that in the present case, the deceased was
driving so rashly that he could not control his vehicle and dashed the
stationary vehicle from back side, which was on the road in stationed
position for a while part from the road. So to the negligence on the
part of the motorcycle driver is of contributed negligence is quite
obvious and apparent in the instant case.
Learned counsel for the appellants has relied upon the recent
judgment passed by the Hon'ble Apex Court in the case of Jumani
Begam Vs. Ram Narayan reported in (2020) 5 SCC 807 and has
held at para-7 that the truck trailer had been parked on road at night
without any reflectors and the High Court had not discussed this at
all and simply proceeded to confirm finding of contributory
negligence.
Learned counsel for the appellants has submitted that even if a
person is going on normal speed in dark night and a truck is standing
without reflector or indicator in the night, the person will bound to
meet with an accident, even if he is at 40 km/hr speed.
Learned counsel for the appellants has submitted that in
absence of any evidence adduced and brought on record that
deceased was driving the vehicle rashly and negligently, the concept
of contributory negligence in such cases, where a vehicle was
standing on the road is not applicable.
Learned counsel, Mr. Pratiyush Kumar appearing on behalf of
the National Insurance Company Limited / insurer of the offending
truck bearing registration no. JH-05AF-1514 has submitted that
evidence of the claimant Damyanti Sundi is necessary to peruse for
coming to a just finding.
Considering the same, let L.C.R. be called for.
Put up this case after receipt of L.C.R.
(Kailash Prasad Deo, J.)
Sunil/-
