HIGH COURT OF CHHA'ITISGARH A'I‘ BILASPUR M.A. No. 483 of 2005 Appellant National Insurance Company Ltd. Through Branch Manager, Bilaspur Branch, Taha Complex, Vyapér Vihar Road, Priyadarshni Nagar,Bilaspur. Versus Respondents 1. Smt. Jayanti Lal aged 33 years, Wd/o Late Dr. Am'l Lal 2. Ankit Knmar Lal, aged 10 years, S/o Late Dr. Ankit Kumar Lal, aged 10 years, S/o Late Dr. Anil Lal, thmugh mother Smt. Jayanti Lal. 3. K11. Akansha Lal, age 8 yeaxs, S/o ; Late Dr.Ani1 Lal, minor, though u ‘ mother Smt. Jayanh' Lal, all R] o Shridha Bhawan, Magarpara Road, Bilaspur, Tahsil and Dishict— Bilaspur, ‘ 4. Gorelal S/o Banalo Yadav, aged 28 years, R/o Village- Phulwari, Lormi, Present R/o Quarter No. 2/ 18, Rajkishore Nagar, Bilaspur, Tahsil 8r. District— Bilaspur (C. G.). 5. Anand Jayaswal S/ o Radhe Shyam Jayaswa, aged 4O years, R/o Masanganj, Bilaspur, Tahsil 8r. District— Bilaspur (C.G.). 6. Dr. s. K. La1 S/o s. B. Lal, aged 5o years, R/ o Magarpara Chowk, Bilaspur, Tahsil 8r, Distn'cb Bilaspur United India Insurance Company Ltd, through Branch Manager, Branch O$ce Rajendra Nagar Chowk, Bilaspur, Tahsil and District- Bilaspur (C.G.). DB: Hon’ble 81m Justice s. R. Nayak, c..J. “ 8r. Hon’ble Shri Justice Satish K. Agnihoti‘i, J. Mr. Sri Kumar Aganval, Senior Advocate with Shn' Anand Kumar Gupta, Advocate. A? \ ORAL ORDER ( 28th November 2005) 1. The appellant Insulance Company is found to be guilty of acn'onable negligence in causing the accident resulting in death of three persons. 25% of the liability has been fastened on the driver of thg truck involved in the accident and insured by the appellant Insurance Company. Shri Agarwal, standing counsel for the appellant/Insulance Company would contend that there was absolutely no fault on the paxt of the driver of the truck in. eausing accident because the truck was not in motion at the material point of time, and on the other hand, it was admittedly parked. This argument is required to be noticed only to be rejected. It has come in evidence that the truck insured by the appellant-company was parked on the mad without light. The accident took place during u . dead of night. Therefore, apparently the driver of the truck involved in the accident was guilty of the actionable negligence and in that view of the matter, fastening a part of the liability on the owner and insurer of the truck cannot be faulted with. There is absolutely no good ground for us to admit this appeal. The appeal is, therefore, dismissed at the stage of permission itself. - Sdl- Sd/- ‘ . SATISH K. ANGNIHOTRI Chief Justice 3' Judge Thaiiir A;«