ORIENTAL INSURANCE CO. LTD Vs. KAMAL AGENCIES

JUDGEMENT

(1.) This order will dispose of FAO Nos.3730 of 2013 and 16 of 2014 as these have emerged out of the same award dated 18.03.2013 passed by the Motor Accidents Claims Tribunal, Amritsar whereby compensation has been assessed in respect of damage to the property of M/s Kamal Agencies appellant in FAO No.16 of 2014 and respondents No.2, 3 and 8 therein have been held liable to pay compensation to the tune of Rs.7,50,000/-.

(2.) FAO No.3730 of 2016 has been filed by Oriental Insurance Co. Ltd., insurer of truck No.PB-06-E-2612 driven by Parshotam Lal and owned by Surjit Singh whereas the other appeal has been filed by the claimant seeking additional compensation. FAONo.3730 of 2013

(3.) Counsel for the appellant would argue that as per case set up by the claimant, negligence is liable to be attributed to all the three vehicles namely tanker bearing No.PB-04-G-9918 driven by its owner Harpal Singh (respondent No.l therein), truck bearing No.PB-06-E-2612 and bus bearing No.PB-02-Y-9972 driven by Satnam Singh and owned by Sh. Madan Mohan and insured with National Insurance Co. Ltd. It is further argued that other two vehicles involved in the occurrence may be attributed composite negligence and liability to pay compensation to the extent of negligence attributable to them.