UNITED INDIA INSURANCE CO. LTD. Vs. NITYA NAND

JUDGEMENT

(1.) Appellant-Insurance Company has preferred this appeal against award dtd. 4/12/2015 passed in Claim Petition No. 19/14/2009, titled as Nitya Nand Vs. Hardev Singh Saini and others, by Motor Accident Claims Tribunal-III, Mandi, District Mandi, H.P. camp at Jogindernagar, whereby claim petition preferred by respondent No. 1-claimant Nitya Nand has been allowed by awarding compensation of ?4,53,047/- alongwith 9% interest per annum from the date of filing the petition till payment with costs of ?5,000/-.

(2.) Respondent No. 1-claimant Nitya Nand had preferred the claim petition for receiving injury in a motor accident involving Motor Cycle No. HP-33A-6577 and HP-33A-6201. At the time of accident Motor Cycle HP-33A-6577, owned by respondent No. 2 Hardev Singh, was being driven by respondent No. 3 Chhabil Kumar, whereas respondent No. 4 Tek Chand is owner cum driver of another Motor Cycle.

(3.) Occurrence of the accident, injuries received by respondent No. 1-claimant and details of his treatment are not in dispute. Present appeal has been preferred by assailing the quantum of compensation determined by the Motor Accident Claims Tribunal under different heads and also on the ground that liability to pay compensation is also to be shared by the owner or insurer of another Motor Cycle involved in the accident who, according to appellant, was also equally responsible for the accident.