BAJAJ ALLIANZ GENERAL INSURANCE CO LTD Vs. ILLIASBHAI NURMOHAMMEDBHAI @ BABUBHAI VOHRA BHENSONWALA AND ORS

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act is at the instance of the insurance company of a Maruti Van which was involved in an accident resulting in amongst others death of the driver of the said Maruti Van.

(2.) IT appears from the record that the learned Tribunal below, on consideration of the evidence on record, came to the conclusion that there was 10% contributory negligence on the part of the driver of the Maruti Van and assessed a sum of Rs.5,49,000/ - as compensation for the death of the said driver. Since there was contributory negligence of 10% on the part of the driver of the Maruti Van, the Tribunal directed the insurer of the Maruti Van to pay the 10% amount, amounting to Rs.54,900/ -.

(3.) BEING dissatisfied with the aforesaid direction for payment of Rs.54,900/ - to the insurance company, the said insurer has come up with the present appeal.