ORIENTAL INSURANCE COMPANY LIMITED Vs. Y N LALITHALABIC

JUDGEMENT

(1.) In these two appeals appellants have questioned the validity of the judgment and award of the Motor Accident Claims Tribunal, Bengaluru (SCCH-17) dated 07.01.2016 passed in MVC No. 6848/2013.

(2.) The Appellant- Oriental Insurance Company Ltd. (for short insurance') have questioned the validity of the MACT Judgment on the score that there is no negligence on the party of the insurer - lorry driver. Therefore, negligence on the part of the lorry driver fastened by the MACT and further holding the insurance company to pay the compensation to the claimant, is highly arbitrary and illegal.

(3.) The appellant - legal representatives of deceased A V Chandrashekhar presented appeal against the MACT judgment to the extent of deduction of 50% of the compensation on the score that there is negligence on the part of the deceased A V Chandrashekhar in the road traffic accident. The Tribunal has not appreciated to the extent that there is no negligence on the part of the deceased - driver. Hence, appellants - claimants are entitled to full compensation as claimed by them before the MACT.