(1.) Short facts involved herein are that Gajendra Singh, husband of appellant No. 1 and father of the appellant Nos. 2 to 4 was driving truck No. UP 32-Z 7492 on 30.4.2005 when he met with an accident at about 3 a.m. with truck No. MP 17-C 5126 which was being driven by the respondent No. 5. Truck No. UP 32-Z 7492 was insured with United India Insurance Co. Ltd., respondent No. 2, whereas truck No. MP 17-C 5126 was insured with Oriental Insurance Co. Ltd. respondent No. 4. Gajendra Singh died in accident on the spot. Claimants-appellants submitted claim petition which has been allowed vide impugned award dated 29.3.2007 to the tune of Rs. 3,39,400. Learned Claims Tribunal found that the drivers of both the truck contributed in the accident by way of rash and negligent driving. Accordingly, both the insurance companies (i.e., respondent Nos. 2 and 4) were directed to make the payment of compensation to the extent of half each. Aggrieved by the aforesaid, the claimants-appellants have preferred the present appeal for enhancement of amount of compensation.
(2.) The respondent No. 2 has preferred cross-objections for its exoneration on the ground that deceased Gajendra Singh was found to have contributed in the accident. His truck was insured with the respondent No. 2, however, on account of contributory negligence on the part of the deceased whose truck was insured with respondent No. 2, no compensation is payable by the respondent No. 2 for the accident.
(3.) Heard learned counsel for the parties on the merits of the appeal as well as cross- objections preferred by respondent No. 2.