NATIONAL INSURANCE CO , LTD Vs. SHOBHA

JUDGEMENT

(1.) Heard learned counsel for the appellants.

(2.) The appellants are the insurer and the claimant. The appeals are preferred by both parties being aggrieved by the judgment and award.

(3.) The appeal by the insurer is on the premise of erroneous apportionment of contributory negligence. It is contended that in the light of the admitted fact that the deceased was standing on the road i.e., about 6 ft. away from the pavement, atleast 50% negligent ought to be attributed to the deceased.