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Himachal Pradesh High Court · body

2015 DIGILAW 979 (HP)

Oriental Insurance Company Ltd. v. Tapas Madhok

2015-07-31

MANSOOR AHMAD MIR

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JUDGMENT Mansoor Ahmad Mir, J. Both these appeals are outcome of a vehicular accident, which was caused by the contributory negligence of the drivers of both the offending vehicles, thus, I deem it proper to determine both these appeals by this common judgment. 2. Challenge in both these appeals is to the judgments and awards, dated 08.04.2008, made by the Motor Accident Claims Tribunal, Fast Track Court, Solan, H.P. (for short "the Tribunal") in two claim petitions, whereby compensation to the tune of Rs. 9,99,200/- and Rs. 7,93,000/- with interest @ 7½% per annum from the date of the petition till its realization was awarded in favour of the claimants-injured and insurers of both the offending vehicles came to be saddled with liability in equal shares (for short "the impugned awards"). 3. One of the insurance company, i.e. Oriental Insurance Company, has questioned the impugned awards whereas the other insurance company, i.e. National Insurance Company, has satisfied the same. 4. The claimants-injured, the owners-insured, the drivers of both the offending vehicles and National Insurance Company have also not questioned the impugned awards on any count, thus, have attained finality so far it relate to them. 5. It is apt to record herein that the National Insurance Company is the insurer of truck bearing registration No. HP-13-0518. The driver and the owner-insured of the said vehicle have not questioned the findings returned by the Tribunal to the effect that the accident was outcome of the contributory negligence. Then, how can it lie in the mouth of the insurer that the driver of the offending vehicle was not rash and negligent. 6. Having said so, on this count only, both these appeals merit to be dismissed. However, I have gone through the impugned awards and the evidence on record and am of the considered view that the Tribunal has rightly held that the accident was outcome of the contributory negligence. The insurers have not led any evidence to that effect, thus, have rightly been saddled both the insurer with liability. 7. Viewed thus, no case for interference is made out Accordingly, both the impugned awards are upheld and the appeals are dismissed. 8. Registry is directed to release the awarded amount in favour of the claimants strictly as per the terms and conditions contained in the respective impugned awards after proper identification. 9. 7. Viewed thus, no case for interference is made out Accordingly, both the impugned awards are upheld and the appeals are dismissed. 8. Registry is directed to release the awarded amount in favour of the claimants strictly as per the terms and conditions contained in the respective impugned awards after proper identification. 9. Send down the record after placing copy of the judgment on Tribunal's file.