- (1.) This appeal has been preferred by the National Insurance Company Ltd. against the judgment & award dated 12.11.2009 passed by learned Addl. District Judge, FTC III cum Motor Accident Claims Tribunal, Jamshedpur , in connection with compensation case no. 74 of 2008 whereby the claimants/ respondents have been directed to be paid a sum of Rs. 12,86,000/- with interest at the rate of six per cent to be calculated from the date of filing of the claim petition i.e. 11.8.2008.
(2.) Facts of the case in brief is that the deceased with pillion rider was going on his motor cycle bearing registration No. JH 05D 8979. In the meantime, the motor cycle was dashed by truck bearing registration no. JH 37B 3091 as a result of which the deceased sustained injuries and died. The claimants who are wife, children and parents of the deceased, have filed application for grant of compensation which was allowed as aforesaid.
(3.) It is submitted that the claimants have not impleaded the owner and the insurer of the said motor cycle bearing registration no. JH 05D 8979. As a matter of fact, it was a case of contributory negligence and therefore compensation amount should have been distributed between the insurer of the offending motor cycle as well as the truck involved in the accident. Further more, contradictory statement with regard to the income of the deceased has come in evidence and the tribunal has taken higher side of income of the deceased as adduced by one of the claimant who is wife of the deceased. Since these issues have not been taken into consideration, the impugned judgment and order surfers from illegality and is liable to be set aside.;