NEW INDIA ASSURANCE CO LTD Vs. REENA DEVI

JUDGEMENT

(1.) INSTANT appeal has been preferred while challenging the impugned award dated 27.01.2010, whereby ld. Tribunal has fastened the liability on the appellant and respondent no. 8, i.e., Oriental Insurance Co. Ltd.

(2.) IT is pertinent to mention here that respondent no. 8 has not challenged the said award.

(3.) LD . Counsel submits that first of all the said truck which is insured with the appellant was neither at fault nor at a high speed and nor was being driven in a rash and negligent manner. The whole liability should have been fastened upon the Truck-Trailer bearing Registration No. HR-55-6995, whereas the ld. Tribunal has fastened 50% contributory negligence on both the vehicles mentioned above.