NEW INDIA ASSURANCE CO.LTD. Vs. SATBIR AND ORS.
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Motor Vehicles Act, 1988 - Motor Accident Claim
Insurance Claim - Collision between Tata 407 and Roadways bus - Tribunal finding that accident took place due to contributory negligence of Tata 407 and driver of the Bus - Tribunal awarding Rs. 1,50,000 as compensation in equal shares - All respondents were held liable to pay the amount jointly and severally - Appellant contended, even if the amount was to be paid at all, liability of appellant/Assurance Company would be half the amount awarded i.e. Rs. 75,000 out of Rs. 1,50,000 - Appellants contending that the owner and insurer of vehicle not impleaded as party in Claim Petition - Question of their being liable for any amount in respect of accident pertaining to driver of Tata 407 does not arise - High Court not taking note of theses relevant aspects - Impugned order set-aside - Matter remitted to High Court for fresh consideration.
Topic(s)-Motor Accident Claim , Compensation , Contributory Negligence