NATIONAL INSURANCE COMPANY LTD. Vs. BIKARNA LAXMI DEBBARMA

JUDGEMENT

(1.) Insurer namely, National Insurance Company Ltd. lays challenge to the award dtd. 3/2/2015 passed by the learned Sole Member, Motor Accident Claims Tribunal, Gomati District, Udaipur in Case No.T.S. (MAC) 220/2012.

(2.) The challenge limited in nature is with regard to the liability fastened only on the owner/insurer of one vehicle (Mini Bus) whereas according to the appellant, fault was that of drivers of both the vehicles (Mini Bus and Commander Jeep) and as such, on the basis of principle of contributory negligence, liability ought to have been fastened upon owners of both the vehicles and not one vehicle.

(3.) Noticeably, while answering issue No.3, the Tribunal has only recorded the following findings on the aspect of liability solely that of the present appellant: