ATTAU RAHMAN MASOODI, J. - (1.) Heard Sri Kartikey Dubey, learned counsel for the appellant, Sri Uma Kant Gupta for respondent no. 1, Sri Pratul Srivastava for respondent no. 3/1 and Km. Alka Saxena for respondent no. 4. None for respondent no. 2.
(2.) This appeal filed under Section 173 of Motor Vehicle Act, 1988 has arisen out of the judgement and award dated 16.2.2016 rendered by Motor Accident Claims Tribunal, Lucknow in Claim Petition No. 275 of 2007 whereby a compensation of Rs. 21,02,221/- alongwith an interest @7% p.a. has been awarded in favour of the claimant who sustained a serious eye injury. The accident involves two vehicles i.e. Truck bearing No. UP63 F 9612 and a Wagon-R No. UP43 D 7120. The truck was insured by the appellant i.e. New India Assurance Co. Ltd. whereas Wagon-R was insured by Oriental Insurance Co. Ltd. i.e. respondent no. 4.
(3.) The correctness of the judgement/award rendered by Motor Accident Claims Tribunal, Lucknow is essentially questioned on the ground of fixation of entire liability arising out of the award upon the appellant although the case before the Tribunal was that of a composite negligence and according to the appellant, the liability ought to have been apportioned appropriately between the two companies having insured the vehicles.;