THE UNITED INDIA INSURANCE COMPANY LTD. Vs. MUSTAFA

JUDGEMENT

(1.) THIS appeal by the United India Insurance Company is directed against the award, dated 5th July, 2007 passed by the learned Motor Accident Claims Tribunal, Sonamura, West Tripura, in Case No. TS(MAC) 18 of 2006 whereby the learned Tribunal awarded compensation of Rs. 1,73,800/ - along with interest in favour of the claimant and apportioned the amount equally between the appellant insurance company and respondent No. 4, the New India Assurance Company Ltd.

(2.) THE undisputed facts are that the claimant injured was travelling as a pillion rider on motorcycle No. TR -01 -C -8849 insured with the appellant insurance company. This motorcycle met with a head on collision with commander jeep bearing registration No. TR -01 -2723 insured with the New India Assurance company.

(3.) THEREAFTER , the Tribunal again took up the issue by raising a question as to who was to pay the compensation and then held as follows: