NATIONAL INSURANCE COMPANY LTD Vs. USHA RANI MANDAL

JUDGEMENT

(1.) The appellant-National Insurance Company Ltd. (Insurance Company for short) has preferred this appeal against the judgment and award dated 27.8.2009 passed by Sri Dinesh Chandra Ray, Vth Additional District Judge-cum-Motor Vehicle Accident Claims Tribunal in Compensation Case No. 50 of 2008. By the said Award, learned Tribunal has awarded Rs. 14,52,000/- as compensation to the claimants-respondents holding that the claimants are entitled to get the said amount from the appellant-Insurance Company.

(2.) The impugned judgment/award has been challenged by the appellant mainly on the ground that there was collision between truck and motorcycle but the owner of the motorcycle was not made a party. That was serious defect in the case and the same was not maintainable. Another ground of challenge to the Award is that learned Tribunal has not apportioned the amount of compensation, though it is a case of contributory negligence by two vehicles, which would be evident from the facts of the case.

(3.) The claimants-respondents contested the appeal and submitted that no ground as contended by the Insurance Company-appellant is made out on the facts of the case and the appeal is liable to be dismissed in limine.