LAWS(MAD)-2020-7-334

ORIENTAL INSURANCE CO. LTD. Vs. MINOR NITHIYA DHARSHINI

Decided On July 07, 2020
ORIENTAL INSURANCE CO. LTD. Appellant
V/S
Minor Nithiya Dharshini Respondents

JUDGEMENT

(1.) All these appeals have been filed by the Insurance Company relating to the same accident. They are aggrieved by the Common Award dated 09.04.2018 passed by the Tribunal in MCOP No.152 of 2012, MCOP No.153 of 2012 and MCOP No.983 of 2012.

(2.) The only contention raised by the Appellant Insurance Company is that the apportionment of liability by the Tribunal at the ratio of 70% : 30% between the vehicle insured with the Appellant Insurance Company and the vehicle owned by the third respondent is incorrect. According to them, the lorry which is insured with the Appellant was proceeding in front of the car owned by the third respondent. It is their case that the car which was coming behind the lorry, dashed against the lorry due to the rash and negligent driving by the driver of the car. According to the Appellant Insurance Company, the apportionment of contributory negligence against the Appellant at 70% is excessive.

(3.) Heard Mr.J.Chandran, learned Counsel for the Appellant and Mr.Ma.P.Thangavel, learned Counsel for the first respondent.