NATIONAL INSURANCE CO. LTD. Vs. SUSHILA

JUDGEMENT

(1.) Mac.App. 745/2019, CM APPL. 37356/2019 & CM APPL. 37357/2019

(2.) Lastly, the appellant contends that apportionating only 25% of the contributory negligence of the motorcyclist, who did not possess the driving license, is on the lower side, because the motorcycle dashed into the insured vehicle from the rear side. The possibility of the accident happening because of the alleged rash and negligent driving of the insured vehicle is doubled on the ground that the motorcyclist is stated to have been going at a mild speed of 20 to 25 km/h, therefore, he could have easily stopped his vehicle from crashing into the insured vehicle which had allegedly overtaken the motorcycle. Even otherwise, the motorcyclist could have somehow avoided the forceful impact, which resulted in his unfortunate fatality.

(3.) The impugned order has dealt with the arguments as under:- "Para.9....