DIVISIONAL MANAGER Vs. A.BALU

JUDGEMENT

(1.) THE Oriental Insurance Company, insurer of the van belonging to 8th respondent disputes the award of the Tribunal, directing it to pay 50% of the compensation amount to respondents 1 to 5, who are dependants of a person killed in the road accident.

(2.) ON 26.01.2005, at about 4 p.m, the road accident took place. The van belonging to the 8th respondent, insured with the appellant and the lorry belonging to the 6th respondent, insured with the 7th respondent are involved.

(3.) THE learned counsel for the appellant contends that the pleadings and the evidence is that the lorry driver is at fault. However, the Tribunal directed the appellant to pay 50% of the compensation amount. This is not in accordance with law.