ORIENTAL INSURANCE COMPANY LTD Vs. SEEMA PANDEY

JUDGEMENT

(1.) The disposal of this appeal would also govern the disposal of M.A. (C) No. 504/2013 (Smt. Seema Pandey and others v. Arun Sinha and others) as both appeals have arisen out of one accident and common award dated 27/04/2012 passed by the Additional Motor Accident Claims Tribunal, Bemetara, Revenue District Bemetara, Civil District Durg, Chhattisgarh (for short 'the Claims Tribunal') in Claim Case No. 171/2011 and common question of fact & law are involved, therefore, they were heard together and being decided by this common judgment. However, for the sake of convenience, M.A. (C) No. 653/2012 is taken-up as the lead case. Appellant/Insurance Company filed M.A. (C) No. 653/2012 challenging the liability, whereas, claimants have filed M.A. (C) No. 504/2013 seeking enhancement.

(2.) Facts leading to filing of the lead case, i.e. M.A. (C) No. 653/2012 may briefly be noted thus:--

(3.) Mr. H.S. Patel, learned counsel appearing for the appellant/Insurance Company would submit that the learned Claims Tribunal has fallen into error in not holding the deceased-Kunj Bihari Pandey as contributory negligent in the accident and thereby not deducting 50% towards his contributory negligence. He would further submit that the multiplier adopted by the learned Claims Tribunal is 12, is not appropriate, it ought to have been 10. Mr. Patel would further submit that the finding recorded by the Claims Tribunal with regard to the fact that the driver did have possess a valid & effective driving licence is perverse and contrary to the record. Mr. Patel would lastly submit that the offending vehicle was being plied in violation of terms of policy conditions, therefore, appellant/Insurance Company be exonerated from its liability to make payment of compensation.