BRANCH MANAGER, NATIONAL INSURANCE COMPANY LIMITED Vs. SAROJINI

JUDGEMENT

(1.) Both the cases arise out of the same accident and hence common judgment have been passed by the Tribunal.

(2.) The learned counsel for the appellant/Insurance Company contended that the Tribunal ought not to have been negligent in the ratio of 65:35 instead of fixing the entire negligence on the part of the driver of the van bearing Registration No.TN 39C 1688 and since 20 persons travelled in the van.

(3.) After perusing the evidence of R.W.2 and R.W.3 and also taking note of the fact that the claimant has travelled as a passenger in the claimant has suffered injury while the other vehicle is only a goods van.