NEW INDIA ASSURANCE COMPANY LTD Vs. VINITA VERMA

JUDGEMENT

(1.) THIS judgment will adjudicate both the abovecaptioned appeals as the same have arisen out of the common judgment and order dated 16.2.2009 rendered by the Motor Accident Claim Tribunal, Haldwani, District Nainital, whereby an award of rupees nine lakhs fifteen thousand was decreed and both the insurance companies were held liable to share such award by fifty per cent each.

(2.) NEW India Assurance Company (for brevity, hereinafter referred to as 'insurance company no. 1') has challenged the award with the prayer that the entire liability should be fastened to the United India Insurance Company (for short, hereinafter referred to as 'insurance company no. 2') for the reasons mentioned herein below.

(3.) ADMITTEDLY , the accident occurred at 26.1.2008 at about 5.15 PM when the deceased Kamal Verma, a pillion rider on the motorcycle being driven by Naveen Arya, was coming from Kaladhungi to Haldwani. The bus insured by the insurance company no. 1 was going from Haldwani to Kaladhungi. By the time, the motorcycle borne youths could have crossed the bus, a Scorpio vehicle strived to overtake the bus from behind and in this process, the Scorpio and the motorcycle borne youths dashed together causing death of the youth duo. The claimants Smt. Vinita Verma along with her two children instituted the claim petition no. 37/2008 for claiming compensation and the Tribunal, after holding both the bus and the Scorpio liable for the same, has awarded the compensation as indicated above.