RADHA TIN CONTAINERS Vs. ANANDRAM

JUDGEMENT

(1.) BEING aggrieved be inadequacy of the amount awarded vide award dated 26th April, 1999 passed by M.A.C.T., West Nimar, Mandleshwar in claim case No. 8/97 whereby the claim petition filed by respondent No. 1 has been allowed holding that there was contributory negligence by the two vehicles, hence, the owner driver and Insurance Company of one of the vehicles shall be liable for 50% of the amount awarded and owner and driver of another vehicle shall be liable for rest of the amount of award, the present appeal has been filed.

(2.) SHORT facts of the case are that an accident took place on 20th January, 1997 between the truck bearing No. M.P. -09 -K.A. -5260 and the truck bearing No. M.P. -10A -0553.

(3.) CLAIMANT -respondent No. 1 was driver in truck No. M.P. -10A -0553 at the relevant time. Learned Tribunal found that since the offending truck in which the respondent No. 1 was travelling and which was owned by appellant, was a goods vehicle, therefore, respondent No. 6, Insurance Company was not liable for payment of compensation and since the negligence was on the part of both the drivers, therefore, liability was proportioned by 50:50%.