NATIONAL INSURANCE CO. LTD. Vs. TABASSUM JANNATHUSEIN KHAN

JUDGEMENT

(1.) Being aggrieved by and dissatisfied with the aforesaid Award dtd. 22/6/2011 passed by the Motor Accident Claims Tribunal (Main), Valsad in Motor Accident Claim Application No. 325/2004, the appellant has preferred this appeal.

(2.) Heard learned advocates for the respective parties.

(3.) Learned Advocate Mr.Mehta for the appellant - insurance company has mainly contended that legal heirs of the deceased filed the petition before the Workman's Commissioner for getting the compensation for death of the deceased and received compensation there- from and therefore this is second petition filed under Sec. 166 of the MV Act seeking compensation was not maintainable. He would further submit that apart from the issue of maintainability, the tribunal erred in assessing inter se negligence of both the errant vehicle one of which belongs to deceased. He would further submit that accident was on head- on collusion manner yet opponent no.1 was held negligent to 85% while deceased was 15%. He would submit that considering the nature of accident, both the errant vehicles should be held equally liable in causing the road accident.