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Judgment
Gautam Kumar Choudhary, J
Insurance Company is in appeal against the judgment and award of compensation in Title (Motor Vehicle) Suit No.25/1992 whereby and whereunder compensation of Rs.3,81,000/- with interest @ 9% from the date of award has been made under Section 166 of the Motor Vehicle Act in which liability has been fixed on the Insurance Company.
Finding of fact with regard to the accident in which Braj Bihari Singh died in a motor vehicle accident on 23.04.1992 involving a truck bearing registration no.MP 09D 6489 and a Maxi Jeep in which the deceased was travelling at the time of accident, is not under challenge.
It is mainly contended on behalf of Insurance Company that it was a case of composite negligence as both vehicles were equally liable for the accident. It is argued that the FIR (Exhibit 2) was lodged against the driver of both the vehicles and after investigation, charge sheet (Exhibit 3) was also submitted under Sections 279, 304A of the IPC. Learned Tribunal has also held in para 8 of the internal page 7 that accident was outcome of the negligence of both the vehicles. Despite this, liability has been solely fastened on the insurer of the truck.
Learned counsel appearing on behalf of The Oriental Insurance Company Limited (respondent no.12) submits that there is no infirmity in the award as the other vehicle involved in the accident i.e. Maxi Jeep was not under its insurance cover at the time of accident.
Having considered the submission advanced on behalf of both sides, I do not find any infirmity in this count as in case of composite negligence, civil action can be brought against any of the vehicle and liability can be fixed on owner/insurer of any of the vehicle involved in the accident. The plea that liability has not been fixed on other vehicle involved in the accident, cannot be taken.
Motor vehicle Act is a beneficial piece of legislation and therefore, interest of the claimants cannot be allowed to suffer on these technical pleas.
Miscellaneous Appeal stands dismissed. Interlocutory Application, if any, is disposed of.
Insurance Company is directed to pay the balance compensation amount to the claimants. Statutory amount be remitted to the Tribunal for payment.