J.R. Midha, J. - (1.) THE appellant has challenged the award of the learned Tribunal whereby compensation of Rs. 11,58,000/ - has been awarded to claimants/respondents No. 1, 3 and 4.
(2.) THE accident dated 10th May, 2004 resulted in death of Nirman Aggarwal. The deceased was survived by his minor daughter and parents. The deceased was travelling in Mahendra Scorpio Car bearing No. DL -4CR -0283 which met with an accident with a truck. The truck ran away from the spot and was not traced out. FIR - Ex.PW3/A was registered against the driver of the truck. The appellant is the insurer of the Mahendra Scorpio Car.
(3.) THE appellant has challenged the impugned award on two grounds. The first ground of challenge is that the appellant is not liable in respect of the death of the occupants of the Mahendra Scorpio car. The second ground of challenge is that the accident occurred due to the composite negligence of the Mahendra Scorpio car and the truck and, therefore, the liability of the appellant is liable to be reduced.;