UNITED INDIA INSURANCE CO. LTD. Vs. SOMBIR

JUDGEMENT

(1.) By the instant appeal, the appellant - insurer assails the impugned judgment - award, whereunder, a total compensation of Rs.4,94,768/- has come to be awarded to the respondent no.1 - the injured, for the injuries sustained by him in the motor accident involving Car bearing Registration No.UP-14 BU 2590, in short 'the offending vehicle', of which, the appellant is the insurer.

(2.) Concisely, the relevant facts are that on 29.11.2017 at about 12:00 noon, when the injured along with a pillion rider was going to his village driving motor cycle bearing registration No.HR-10 Q 7690, it met with an accident with the offending vehicle. According to the injured, the accident occurred on account of rash and negligent driving of the offending vehicle.

(3.) During the course of hearing, learned counsel for the appellant submits that the challenge to the impugned judgment/award is restricted to the element of deduction towards contributory negligence. In view of such submissions, the aspect of rash and negligence driving of the offending vehicle; the insurer's liability; and the compensation awarded under the different heads being not in dispute, the only aspect of contributory negligence is under consideration.