The High Court dismissed the insurer's appeal against the Motor Accident Claims Tribunal's award in a composite negligence case involving two vehicles, upholding the Tribunal's order.
The appeal by the appellant was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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F.A.O.No. 1234 of 2009 (O&M).
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
F.A.O.No. 1234 of 2009 (O&M). DECIDED ON : 3.12.2009.
United India Insurance Company
appellant.
VERSUS
Lachhmi Devi and others . Respondents
CORAM : Hon'ble Mr. JUSTICE A.N.JINDAL.
Present:- Mr. Vinod Gupta, Advocate, for the appellant. None for the respondents.
A.N.JINDAL,J.
This appeal by the Insurance Company is directed against the award dated 3.1.2009 passed by Motor Accident Claims Tribunal, Kurukshetra.
An amount to the tune of Rs.3,00,000/- was awarded against the appellant and respondents 3, 5 7 to 10 in a petition filed under Section 163-A of the Motor Vehicles Act. Learned counsel for the Insurance Company has submitted that as two vehicles are involved, the compensation should have been sought against all the respondents and not against the
F.A.O.No. 1234 of 2009 (O&M). 2
appellant and respondents 3, 5, 7 to 10. Since it was a case of composite negligence, therefore, the Tribunal appears to have awarded compensation against the owners and the insurers of both the vehicles. As such finding no merit in the appeal, same is dismissed.
03.12.2009. Anoop
( A.N. JINDAL) JUDGE
1 issue framed by the court
Whether the compensation awarded against specific respondents in a composite negligence case involving two vehicles was legally sustainable.
1 provisions across 1 enactments
United India Insurance Company
Lachhmi Devi and others
A.N. JINDAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
