UNITED INDIA INSURANCE COMPANYLTD Vs. CHANDRASHEKHAR MALLAYA

JUDGEMENT

(1.) Insurance Company as appellant has filed this appeal under Sec. 173 of the Motor Vehicles Act, 1988 ("the Act" for short) challenging the judgment and award dtd. 23/3/2010 passed by the Motor Accident Claims Tribunal (Auxi.) Gondal Camp at Jetpur in M.A.C.P.No.134 of 2001. By the judgment and award dtd. 23/3/2010, the claim petition of the original claimants came to be allowed in part and compensation of Rs.29,76,680.00 has been awarded with simple interest @ 9% p.a. from the date of the application till its realization.

(2.) The brief facts are:

(3.) The Tribunal after hearing the parties and upon appreciation of evidence, held that both the vehicles are involved in the accident and driver of both the vehicles are equally responsible/negligent for the happening of the said accident. The Tribunal held both the drivers (matador and bus) as equally negligent (50%-50%) for occurrence of the accident. For the issue in relation to liability, the Tribunal held all the opponents are liable for the payment of compensation. As noticed earlier, the Tribunal awarded total compensation of Rs.29,76,680.00 under different heads as under: