ORIENTAL INSURANCE CO. LTD. Vs. JITENDER KUMAR

JUDGEMENT

(1.) THE appellant has challenged the award of the learned Tribunal whereby compensation of Rs. 1,03,300/ - has been awarded to respondent No. 1.

(2.) THE learned Counsel for the appellant submits that the appellant had insured bus bearing No. DL -1P -1441 which did not hit respondent No. 1 at all. The learned Counsel submits that bus bearing No. DEP -6789 hit the scooter due to which the scooter driver and the pillion rider fell on the road and bus bearing No. DL -1P -1441 hit the deceased Niraj Kumar who was sitting on the pillion of the scooter. The scooter driver, Jitender Kumar fell on the other side of the road and the insured bus bearing No. DL -1P -1441 did not even touch respondent No. 1.

(3.) IN that view of the matter, respondent No. 5 is primarily liable to pay the award amount to respondent No. 1 and after making the payment, respondent No. 5 is entitled to recovery rights against respondent No. 6.