IFFCO TOKIO GENERAL INSURANCE CO LTD Vs. TARSEM KAUR & ORS ( ROYAL SUNDARAM ALLIANCE INSURANCE CO LTD )

JUDGEMENT

(1.) The above captioned two appeals arise out of common impugned Award of 9th January, 2018 pertaining to an accident which occurred on 13th April, 2009 at about 06:00 AM in Palwal, Haryana. The accident in question had occurred due to collusion of a car and a truck.

(2.) The above captioned first appeal is preferred by IFFCO Tokio General Insurance Company Limited, who is the Insurer of the car (henceforth referred to as the "Insurer of the car"), whereas the second captioned appeal is preferred by Royal Sundaram General Insurance Company Limited, who is the Insurer of the truck (henceforth referred to as the "Insurer of truck") involved in the accident. Learned Motor Accident Claims Tribunal (hereinafter referred to as the "Tribunal") has fastened the liability of 25% upon Insurer of the car and 75% upon Insurer of the truck involved in the accident, to pay the awarded compensation.

(3.) Since these two appeals arise out of common Award of 9th January, 2018, therefore, both these appeals have been heard together and are being decided by this common judgment. The facts as noted in opening paragraphs of the impugned Award are as under:-