The Oriental Insurance Company Ltd. v. Shri.Kisan Shankar Kator and Ors.
Case brief
What is this about?
Insurer's first appeal against motor accident compensation award (MACP No. 704 of 2017; Rs. 31,73,806 plus 9% p.a. interest); challenge based on alleged Tribunal failure to consider Police Report/FIR; negligence attribution between joint tortfeasors; Spot Panchnama silence on stationary tanker's tail lights inferred as tail lights off, evidencing tanker driver's negligence; insurer's admission of 10% negligence of insured vehicle; claim permissible against one or both joint tortfeasors; counsel relied on Oriental Insurance Co. Ltd. v. Premlata Shukla (2007) 13 SCC 476 (referred); appeal dismissed with statutory deposit transfer to Tribunal; interim application disposed.
What did the court decide?
Appeal dismissed; no relief to the appellant, the impugned judgment and award stands undisturbed; statutory deposit to be transferred to the Tribunal within one month for disposal in accordance with law; interim application, if any, stands disposed of.