LAWS(HPH)-2011-5-91

ORIENTAL INSURANCE COMPANY LTD Vs. RAJINDER SINGH

Decided On May 13, 2011
ORIENTAL INSURANCE COMPANY LTD. Appellant
V/S
RAJINDER SINGH Respondents

JUDGEMENT

(1.) Both these appeals arise out of the same judgment and are being disposed of by a common order.

(2.) The appellant has sustained injuries on the allegations made as proved before the Tribunal which resulted in amputation of his right leg which resulted in severe handicap and he seeks to establish this disability by certificate Ex.PW-4/A certifying that he has suffered 70% disability.

(3.) On the evidence on record, learned trial Court adverting to the decision in Kaushnuma Begum and others v. New India Assurance Company Ltd. and others, 2001 ACJ 428, has apportioned the liability between drivers of the offending vehicle, namely, Himachal Road Transport Corporation bus, in which the deceased was traveling, as also other vehicle owned by respondent No. 4 Rameshwar Singh and driven by Lokinder alias Tashi.