NEW INDIA ASSURANCE CO LTD. Vs. VIMLESH

JUDGEMENT

(1.) THE instant appeal is preferred against the award dated 24.09.2011, whereby the learned Tribunal awarded compensation for an amount of Rs.11,58,200/ - with interest at the rate of 7.5% per annum from the date of filing of the claim petition till realization of the amount.

(2.) MR .Kanwal Chaudhary, learned counsel appearing on behalf of the appellant/Insurance Company argued that the present case was of a head -on collision. Thus, while affixing the liability, the learned Tribunal ought to have assessed the contributory negligence on the part of the vehicle driven by the deceased.

(3.) IT is an admitted fact that the criminal case was registered against the driver of the offending vehicle and no case has been registered against the deceased.