ORIENTAL INSURANCE CO LTD Vs. MEENA TUKARAM JADHAV

JUDGEMENT

(1.) These appeals arising out of Judgments and Awards made by learned Member of the Motor Accident Claims Tribunal, Mumbai can be disposed of by a common Judgment and Order as claims arising out of the same accident have been decided by the Tribunal by the impugned Judgments and Awards. The accident occurred on 28th August, 1998. The members of Borkar family had hired a auto rickshaw at the place known as Kodibaug, near Karwar in the State of Karnataka and they were proceeding towards Karwar beach by the auto rickshaw on highway No. 17. When the auto rickshaw reached in front of the RTO Office at Karwar, a truck came from the opposite direction and collided with the auto rickshaw. The allegation in the claim petitions is that the truck was being driven in a rash and negligent manner. As a result of the dash given by the truck, the occupants of the auto rickshaw sustained injuries. The truck was owned by one Prabhakar Naik which was insured on the date of accident with the Oriental Insurance Company Limited (the appellant). The auto rickshaw was insured at the relevant time with the National Insurance Company Limited which is one of the respondents in Appeals.

(2.) The claim application No. 758 of 1999 was filed by one Meena T. Jadhav. The said Meena was travelling in the auto rickshaw along with the members of Borkar family. Her age at the time of accident was 14 years and she was working as a maid servant with the Borkar family. On account of injuries sustained by her, she claimed compensation of Rs. 2,50,000/-.

(3.) The appellant-the Oriental Insurance Company Ltd. the insurer of the truck filed a written statement contending that the accident occurred due to rash and negligent driving on the part of the driver of the auto rickshaw. The National Insurance Company Limited, the insurer of the auto rickshaw, filed a written statement contending that the accident took place on account of rash and negligent driving of the driver of the truck. By the impugned Award dated 5th August, 2011, the learned Member of the Tribunal held that there was negligence on the part of the drivers of both the vehicles. The learned Member directed that the apportionment of the liability between the appellant-the Oriental Insurance Company Limited and the National Insurance Company Limited shall be made in the proportion of 80:20. In the said claim, the compensation of Rs. 1,36,150/- was granted to the claimant with interest thereon at the rate of 7.5% per annum from the date of filing of the claim petition till realization. First Appeal No. 573 of 2013 filed by the appellant-the Oriental Insurance Company Limited takes an exception to the said Judgment and Award.