ORIENTAL INSURANCE COMPANY Vs. GURPREET KAUR AND OTHERS

JUDGEMENT

(1.) The present appeal has been preferred by The Oriental Insurance Company, respondent No.3 before the learned Motor Accidents Claims Tribunal, Chandigarh (hereinafter called the 'Tribunal'), against the award dated 10.04.2015 passed by the learned Tribunal, whereby claimants-respondents No.1 & 2 have been awarded compensation to the tune of Rs.13,66,568/- on account of death of Devinder Singh in the motor vehicular accident, which took place on 12.05.2013.

(2.) The appellant-Insurance Company has filed this appeal to assail the impugned award passed by the learned Tribunal.

(3.) Learned counsel for the appellant-Insurance Company contended that respondent No.3 Shashi Pal, the driver of the truck, was not solely negligent for causing this accident. Even as per the admitted version of the claimants, the motorcycle on which the deceased was travelling skidded due to mud lying on the road and as a result of which, the deceased fell down on the road and met with the accident. She contended that it was a case of contributory negligence of the driver of both the vehicles but the learned Tribunal has not taken into consideration this aspect of the case.