ORIENTAL INSURANCE CO LTD Vs. PARDEEP AND ANOTHER

JUDGEMENT

(1.) The present appeal has been filed by the appellantInsurance Company, challenging the impugned Award dated 29.05.2013, passed by the learned Motor Accident Claims Tribunal, Sonipat.

(2.) The learned counsel for the appellant contends that it is a case of contributory negligence as FIR stands registered against both the drivers. It is further contended that the compensation awarded is on the higher side and deserves to be decreased.

(3.) On the other hand, the learned counsel for the respondent No.1 contends that after the accident, the respondent became unconscious and therefore, the FIR against the offending driver could not be lodged promptly. The respondent-claimant had made representations to the higher authorities against lodging of the FIR against him, vide his complaints Ex.P91 and Ex.P92. It is further submitted that the quantum of compensation has been assessed by the learned Tribunal after appreciating the evidence brought on record. He prays for dismissal of the present appeal.