NATIONAL INSURANCE CO LTD Vs. BANIBIBI

JUDGEMENT

(1.) Heard learned advocate Ms. Megha Jani on behalf of appellant National Insurance Co. Ltd.

(2.) The appellant insurance company has challenged common award passed by Motor Accident Claims Tribunal, Baroda in group of MACP no. 934/98 and allied matters decided on 11/5/2009. The claims Tribunal, Baroda has come to conclusion that there is no negligence for occurrence of accident on the part of ST driver. Therefore, opponent no. 7 and 8 driver and ST Corporation has been exonerated from its liability to pay compensation to claimants. The claims Tribunal has come to conclusion that driver of vehicle tempo no. GJ-6-U-7186 and tempo no. GJ-7-X-253 both are equally responsible for accident. Therefore, while deciding question of negligence, liability of each driver is fixed to the extent 50-50% as both are equally responsible for accident. The accident which took place on 28/3/1998, due to collision between bus owned by GSRTC, Tempo bearing no. GJ-7-X- 253, insured by appellant insurance company and tempo bearing registration no. GJ-6-U-7186 insured by United India Insurance Co. Ltd.

(3.) The appellant insurance company has challenged common award by filling group of first appeals only question of negligence and is challenged before this Court and not challenging quantum of compensation of award passed by claims Tribunal, Baroda in each claim petition.