ORIENTAL INSURANCE CO. LTD. Vs. SMT. RASHEEDA KHATOON

JUDGEMENT

(1.) Heard Sri Ashok Mehrotra, learned counsel for the appellant and Sri Ramesh Chandra Sharma as well as Sri Jagat Pal Singh Chauhan, learned counsel for the respondents.

(2.) This appeal filed under Sec. 173 of Motor Vehicles Act, 1988 has questioned the correctness of impugned award/judgment rendered by the Motor Accident Claims Tribunal in Claim Petition No. 52 of 2003 on 09.10.2006 whereby a compensation of Rs. 2,54,500.00 along with 9% interest has been awarded in favour of the claimants.

(3.) Sri Ashok Mehrotra, learned counsel for the appellant has raised three fold submissions while questioning the correctness of award impugned in the present appeal. It was firstly argued that in a case of head-on collision, it is incumbent upon the tribunal to record a finding on the aspect of contributory negligence of the vehicles involved in accident and the tribunal having failed to do so has committed an irregularity in the matter of apportionment of compensation which has been fixed and made payable by the appellant alone.