- (1.) HEARD Mr. Manish Kumar, learned Counsel for the appellant -National Insurance Company Ltd. and Mr. D.C. Ghose, learned Counsel for the United India Insurance Company Ltd.
(2.) THE claimant -Respondent filed an application for grant of compensation on account of death of one Indu Devi in a motor vehicle accident. The facts of the case are that the deceased was travelling on a Maruti Van, bearing Registration No. BR -12A/2244 and while coming towards Dumka, it was dashed by a Truck, bearing Registration No. - WB -39 -0367, as a result of which, the deceased sustained severe injuries and ultimately died. The Maruti Van was insured with the appellant -Insurance Company, whereas, the Truck was insured with the Respondent -United India Insurance Company Ltd. The Tribunal recorded a finding that the accident took place due to rash and negligent driving of both the vehicles. Consequently, the amount of compensation was apportioned between the two Companies equally. Mr. Manish Kumar, learned Counsel appearing for the appellant, assailed the impugned award mainly on the ground that the compensation amount has not been apportioned in between the two Insurance Companies considering the fact that the vehicle in which the deceased was travelling, was a Maruti Van and it was the Truck, which dashed Maruti Van.
(3.) MR . D.C. Ghose, learned Counsel appearing for the Respondent -United India Insurance Co. Ltd. on the other hand submitted that no evidence was led by the appellant -Insurance Company or the owner of the vehicle in support of the fact that the Driver of the Truck was only negligent. According to the learned Counsel, the Tribunal has rightly apportioned the compensation amount in between the two Insurance Companies.;