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Judgment
Appeal is admitted and taken up for final hearing forthwith with the consent of learned advocates for the parties. Appellant Oriental Insurance Company has challenged judgment and award dated 04.07.2019 passed by the Motor Accident Claims Tribunal, Gomati Judicial District in T.S.(MAC) No.34 of 2017. The claim petition was filed by the respondent No.1 seeking compensation for injuries he received in a motor accident. According to him, he was proceeding on his motorcycle on 21.12.2015 when a Tata Indica car coming from the opposite direction collided with his vehicle. Tata Indica car was insured by respondent No.4, National Insurance Company. The motorcycle which the claimant was driving was insured by the appellant Oriental Insurance Company. The Claims Tribunal held that the claimant as well as the driver of the Tata Indica car were equally negligent in causing the accident. While awarding compensation of `1,73,668/- to the claimant, the learned Judge directed the appellant insurance company to pay 50% thereof. This direction the insurance company has challenged in the present appeal.
In plain terms this direction is wholly impermissible. The Tribunal having come to the conclusion that the contributory negligence of the claimant was to the extent of 50%, the entire loss computed should have been slashed down by 50% on account of his own personal negligence. In any case, the insurer of the vehicle which the claimant himself was driving, cannot be asked to recover the risk of his negligence. This is settled law.
Under the circumstances, the impugned award is set aside insofar as the appellant insurance company required to pay 50% of the compensation. As a result, the claimant would as of now receive only 50% which is liable to be paid by respondent No.4.
It may be recorded that the claimant has filed appeal challenging this very award, principally contending that there was no negligence on his part in causing the accident and therefore the findings of the Tribunal in this respect is erroneous. Nothing stated in this order would prejudice the claimant in such appeal. However, irrespective of outcome of such appeal the present insurance company can have no liability to pay any compensation to the claimant.
The appeal is, therefore, allowed and disposed of accordingly.
Pending application(s), if any, also stands disposed of.