NATIONAL INSURANCE CO. LTD. Vs. SANDHYA

JUDGEMENT

(1.) BOTH these appeals are directed against the judgment and Award passed on 04.11.2011 in Claim Petition No. 139 of 2004 delivered by the Motor Accident Claims Tribunal, Amravati. While F.A. No. 932/12 challenges the said judgment and award mainly on the ground that the aspect of contributory negligence of deceased Arvind and the consequent necessity of deducting proportionately from the total amount of compensation payable to the petitioners, the amount equivalent to the contributory negligence not having been considered by the Tribunal; the other appeal being F.A. No. 1218/13 mainly challenges non -awarding of interest on the amount of compensation in the same judgment and award.

(2.) THE claimants are the appellants in FA No. 1218/13 and are respondents 1 and 2 in F. No. 932/12. The appellant in F.A. No. 932/12 is the insurer of the truck bearing registration No. MTB 7954 and respondents 3 and 4 in this appeal are respectively the driver and owner of the said truck. These parties are made respondents 1 to 3 in F.A. No. 1218/13. Parties to both the appeals, for the sake of convenience, hereinafter shall be referred as the claimants, driver of the offending truck and the insurer of the offending truck.

(3.) WHILE the petition proceeded ex parte against the driver and owner of the offending truck, it was resisted by the insurer. It was submitted by the insurer that the petition was bad for non -joinder of necessary parties and insurer was not liable to pay any compensation to the claimants.