LAWS(MAD)-2005-6-35

NEW INDIA ASSURANCE COMPANY LTD Vs. CHANDRA

Decided On June 15, 2005
NEW INDIA ASSURANCE COMPANY LTD Appellant
V/S
CHANDRA Respondents

JUDGEMENT

(1.) THE revision petitioner M/s. New India Assurance Company Ltd is the 4th respondent in the Motor Accident Claim Petition.

(2.) THE first respondent filed the claim petition in M. C. O. P. No. 235 of 1998 on the file of the Motor Accident Claims Tribunal (Principal District Judge), Vellore for compensation in respect of the grievous injuries sustained by her in a motor vehicle accident. A goods vehicle bearing registration No. TN-23-B-7273 and insured with the revision petitioner herein and another bus bearing registration No. TN-27-Z-6565 and insured with the 3rd respondent herein were involved in the accident.

(3.) WHILE the claim made by the first respondent was allowed, it was held by the learned Principal District Judge that the accident occurred on account of contributory negligence of both the drivers and therefore apportioned liability at 50% each and directed the respective insurance companies liable to pay the compensation amount.