DIVISIONAL MANAGER NEW INDIA Vs. HARAMOHINI KAR

JUDGEMENT

(1.) JUDGMENT of learned Member find M.A.C.T. (N.I.), Sambalpur (for short' the Tribunal) in Misc. (A) Case No. 163 of 1987 (K) is called in question in this appeal.

(2.) CLAIMANT who is Respondent No. 1 herein made application to the learned Tribunal claiming compensation on account of injuries sustained by her in a motor vehicle accident. On the date of accident the Claimant was returning from Joda to Barbil in a jeep bearing registration No. ORJ 1899 being driven by the accused -driver rashly and negligently. At that time, a Car bearing registration No. BHS 595 came from Barbil side in rash and negligent manner. Both the vehicles colluded with each other near Barbil College building, as a result of which the claimant sustained severe injuries for which she was admitted in the hospital.

(3.) LEARNED counsel appearing for the appellant (New India Assurance Company Ltd., Cuttack) has contended that since the accident in question took place due to collusion of the Car and jeep, drivers of both the vehicles are equally responsible for causing the accident. Accordingly, Insurers of both the vehicles are liable to pay compensation in the ratio 50 : 50. He has relied on a decision of this Court in a batch of cases which arose out of the same accident in support of his contention. His further contention is that learned Tribunal ought to have awarded a sum of Rs. 1,25,000/ - towards compensation particularly when the Claimant has claimed only Rs. 1,20,000/ - as compensation. That apart imposition of interest at the rate of 10% on the awarded amount by the Tribunal is uncalled for.