THE UNITED INDIA INSURANCE Vs. BASHIRKHAN GAFARKHAN

JUDGEMENT

(1.) Being aggrieved by the judgment and Award passed by the Member, Motor Accident Claims Tribunal, jalgaon dated 18.2.1994 in MACP No.138/1987, the original respondent no.6 insurer has preferred this appeal.

(2.) Brief facts, giving rise to the present appeal are as follows :-

(3.) The learned counsel for the appellant insurer submits that, this is a case of head on collision between the said two trucks and claimant Bashirkhan was driving the truck bearing registration No.MHV-9594 involved in the accident. Learned counsel submits that, this is a case of composite negligence, however, tribunal has fastened the liability on owner of truck bearing registration No.MWD-2410 and its insurer i.e. the appellant.