NEW INDIA ASSURANCE COMPANY LTD Vs. HANS KANWAR

JUDGEMENT

(1.) THESE two appeal raise common question of law and facts are directed against the judgment and award dt. 21. 10. 1995 passed by learned Motor Accident Claims Tribunal, Bali (hereinafter referred to as `the Tribunal'), whereby the Tribunal awarded compensation of Rs. 7,75000/- in favour of the appellants in S. B. Civil Misc. Appeal No. 31/96 who were claimants before the Tribunal (hereinafter referred to as "the claimants' ).

(2.) AGGRIEVED by the judgment and award impugned, the insurance company as well as claimants preferred the aforesaid two appeals.

(3.) HAVING considered the entire material and the evidence produced by the claimants, I am of the considered opinion that the finding recorded by the Tribunal is based on legal evidence and on sound reasoning holding the truck driver negligent for the said accident. Hence, I find no error in the finding recorded by the Tribunal in this regard. The Tribunal has framed issue No. 3 on the point of contribute negligence. This issue was framed at the instance of insurance company. Indisputably, the burden to prove the issue No. 3 was on insurance company who led no evidence and, therefore, the Tribunal decided the issue No. 3 against the insurance company and in my considered opinion rightly so. Learned counsel for the insurance company contended that compensation awarded by the Tribunal is too excessive.