UNITED INDIA INSURANCE CO LTD Vs. ASHALATA DUBEY

JUDGEMENT

(1.) Being aggrieved by the award dated 29.9.1998, passed in Claim Case No. 76 of 1994, by the M.A.C.T., Jabalpur, whereby a sum of Rs. 1,58,800 along with interest at the rate of 12 per cent per annum, from the date of filing of claim petition till its realisation has been awarded in favour of respondent Nos.1 to 5 and respondent Nos. 6 to 8 and the appellant has been directed to pay 50 per cent of the amount awarded, the present appeal has been filed.

(2.) Short facts of the case are that on 14.9.1991 at about 11.30 a.m., deceased Lalit Mohan Dubey was going with the respondent No. 9 on his Luna moped bearing registration No. MP 20-1701, as a pillion rider. At that time, the respondent No.7, who was driving scooter bearing registration No. MP 25-0780 rashly and negligently dashed Luna from behind resulting in the deceased falling down to the ground and sustaining injuries. Deceased was shifted to the hospital where he was declared dead. Since both the vehicles were involved in the accident, therefore the driver, owner and insurance company of both the vehicles were impleaded as party and the claimants who are respondent Nos. 1 to 5 herein, filed a claim for a sum of Rs.4,92,000. The claim was denied by the respondents.

(3.) The learned Tribunal framed issues and recorded the evidence and vide award dated 29.9.1998 awarded an amount of Rs.1,58,800 with interest with a direction that since there was a contributory negligence on the part of drivers of the scooter and Luna, therefore the liability of payment of 50 per cent of the claim amount would be on the respondent Nos.6 to 8 who are driver, owner and insurer of the offending scooter and balance 50 per cent of the award is payable by respondent No. 9 and appellant, who are the driver of offending Luna and the insurance company.