FUTURE GENERAL INDIA INSURANCE CO. LTD. Vs. MAHESH

JUDGEMENT

(1.) The decision rendered in both these appeal shall also govern the disposal of connected appeals bearing M.A. Nos.772/2017, 773/2017, 774/2017, 775/2017, 777/2017, 778/2017, 780/2017, 938/2017, 939/2017, 941/2017, 944/2017, 945/2017, 946/2017 and 947/2017.

(2.) By this common judgment, we propose to dispose of the aforenoted bunch of miscellaneous appeals as they arise out of the same proceedings and common award passed by the learned Motor Accident Claims Tribunal, Indore. For the sake of convenience the facts are borrowed from M.A. No.771/2017( Future General India Insurance Co. Ltd. v. Mahesh ) and M.A. No.934/2017( National Insurance Co. Ltd. v. Mahesh )886/2000(Bharat Singh Vs. State of Madhya Pradesh).

(3.) M.A. No.934/2017 has been filed by the National Insurance Company Limited, insurer of Omni Maruti Van bearing Registration No.MP-09-BC-804 and M.A. No.771/2017 has been filed by the Future General India Insurance Co. Ltd., insurer of the Truck bearing HR-64-1055 against the award dated 16/03/2017, passed by XII Motor Accident Claims Tribunal, Indore in Claim Case No.242/2016(in M.A. No.934/2017) and Claim Case No.236/2016(in M.A. No.771/2017), by which the learned Tribunal in Para - 10 and 11 of the impugned award gave a finding that the accident had occurred due to rash and negligent driving of the driver of Omni Maruti Van and while allowing the claim petition of the claimants directed both the Insurance Company that is insurer of offending Omni Maruti Van and insurer of Truck to pay 50-50% of the claim amount as awarded by the learned Claims Tribunal and recover the same from the owner and driver of the offending vehicle.