ORIENTAL INSURANCE CO LTD Vs. SUMEGHA SHARMA

JUDGEMENT

(1.) THIS appeal has been filed by the insurance company on the ground of contributory negligence, nonjoinder of necessary parties and wrong fixation of quantum of compensation.

(2.) FACTS remain that on the Agra-Delhi highway a tanker and Tata Safari were coming from the same side. Suddenly the tanker in question turned negligently from left to right side without giving any signal as a result thereof it collided with Tata safari coming behind the tanker from the same side. The deceased was a passenger of Tata Safari.

(3.) THE Tribunal considered the cause of negligence on the basis of several judgments of the Hon'ble Supreme Court as well as of this court and found that when the passenger died due to collision of two vehicles, the nature of relief is composite one and the same can be claimed by the claimants from either of the vehicles.