M/S New India Assurance Co. Ltd. vs Satbir Singh And Another
2022 Latest Caselaw 10622 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- FIRST APPEAL FROM ORDER No. - 242 of 2014
 

 
Appellant :- M/S New India Assurance Co. Ltd.
 
Respondent :- Satbir Singh And Another
 
Counsel for Appellant :- Archana Singh, 
 
Counsel for Respondent :- Neeraj Srivastava,Amit Daga,Neeraj Srivastava,Rakesh Kumar Gupta
 

 
Hon'ble Vipin Chandra Dixit,J.

Heard Smt. Archana Singh, learned counsel for appellant, Sri R.K. Gupta and Sri Neeraj Srivastava, learned counsel appearing for claimant-respondent and perused the record. No one is present for other respondents.

This first appeal from order has been filed by the appellant Insurance Company against the judgment and award dated 29.10.2013 passed by Additional District Judge, Court No.5/M.A.C.T., Meerut in M.A.C.P. No.1154 of 2011 (Satbir Singh Vs. M/s A.S.C. Industries Private Limited and another), by which the claim petition filed by claimant-respondent no.1 was partly allowed and the compensation of Rs.6,47,033/- along with 7% interest has been awarded to the claimant-respondent no.1 and liability of payment has been fixed upon the appellant Insurance Company.

It is submitted by learned counsel for appellant that it was a case of head-on collision between canter and truck and the drivers of both the vehicles were equally negligent and responsible for the accident but the Claims Tribunal while deciding the issue no.1 had erred in holding the negligence of driver of truck which was insured with the appellant Insurance Company. It is further submitted that compensation was also awarded on higher side.

On the other hand, learned counsel for claimant-respondent no.1 has submitted that it is a case of composite negligence as the injured was travelling as passenger in the canter and was not driving the canter and there was no contribution of the claimant-injured to the accident and the compensation awarded by learned Claims Tribunal is just and proper.

The Hon'ble Apex Court in the case of Khenyei vs. New India Assurance Company Limited and others reported in 2015(2) T.A.C. 677(S.C.) has laid down the law that in case of composite negligence, it is open for the claimant to claim compensation either from the owner/driver and insurer of both vehicles or from any one of them.

In view of law laid down by the Hon'ble Apex Court, since it is a case of composite negligence and as such it is open for the claimant to claim compensation either from owner and insurer of canter or from owner and insurer of truck and since the claimant had filed the claim petition claiming compensation from the owner and insurer of truck and even otherwise if there was some negligence on the part of the driver of canter, nothing can be deducted in terms of contributory negligence of the injured.

So far as quantum of compensation is concerned, the claimant-respondent no.1 had received grievous injuries in the accident and there is 65% partial permanent disability to the claimant and as such the compensation awarded by the Claims Tribunal cannot be said to be excessive in any manner. No ground for interference is made out. The appeal is devoid of merits and is dismissed accordingly.

Interim order, if any, stands vacated.

Order Date :- 18.8.2022

Kpy