ICICI LOMBARD GENERAL INSURANCE COMPANY LTD Vs. ASHA

JUDGEMENT

(1.) LEARNED counsel for the parties have been heard.

(2.) THIS appeal has been filed against the award dated 29.11.2010 passed by Motor Accident Claims Tribunal (Tribunal for short), Sonepat, whereby compensation to the tune of Rs. 5,46,000/ - was awarded to the claimants (respondents No. 1 to 5) fastening the liability on the appellant. The appellant has prayed that the liability should have been of the appellant and respondent No. 8 in equal share.

(3.) RESPONDENTS No. 6 to 8 were the driver, owner and insurer respectively of the canter while respondents No. 9, 10 and the appellant were driver, owner and insurer respectively of the truck. The matter was heard ex parte against respondents No. 6, 7, 9 and 10. Respondent No. 8 pleaded that the accident took place due to the negligence of the deceased himself as well as driver of truck No. HR -61 -5179. It was totally denied that driver of the canter was at fault.