ORIENTAL INSURANCE CO. LTD. Vs. SANTOSH AND ORS.

JUDGEMENT

(1.) This order will dispose of FAO Nos. 1541 and 4904 of 2013 as these have emerged out of the same award dated 10.12.2012 passed by the Motor Accidents Claims Tribunal, Karnal whereby compensation has been awarded on account of death of Prem Pal in a motor vehicular accident that took place on 11.12.2009.

(2.) FAO No. 1541 of 2013 has been filed by the insurance company whereas FAO No. 4904 of 2013 has been filed by the claimants seeking enhancement of compensation. FAO No. 1541 of 2013.

(3.) The sole submission made by counsel for the insurance company is that as driver of motorcycle bearing No. HR-05-L-6319 on which deceased was travelling as a pillion rider struck on backside of truck bearing No. HR-58-A-2877 (alleged offending vehicle), the present is a case of composite negligence of two vehicles involved in the accident, therefore, findings recorded by the Tribunal attributing exclusive negligence to the truck may cause prejudice to the insurance company to recover the amount of compensation to the extent of negligence attributable to driver of the motorcycle. It is further argued that a finding needs to be recorded as to the extent of negligence attributable to the motorcyclist.