ICICI LOMBARD GENERAL INSURANCE CO LTD Vs. SUMAN

JUDGEMENT

(1.) THE Appellant ICICI Lombard General Insurance company Limited impugned the judgment dated 30.07.2010 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby the Claims Tribunal held that the accident was caused on account of the rash and negligent driving of bus No.DL-1PC- 0457 driven by Yashwant Rathor (Respondent No.5 herein).

(2.) THE sole ground raised during the hearing of the Appeal is that there was no negligence on the part of the driver of bus No.DL- 1PC-0457, in any case, argues the counsel, it was a case of contributory negligence and the compensation awarded is liable to be reduced.

(3.) THE manner of the accident has been duly stated by PW-5. PW- 5 was not cross-examined and the manner of the accident as alleged by the Respondent driver, who entered the witness box as RW-1 has not been put to PW-5.