UNITED INDIA INSURANCE COMPANY Vs. ANIL KUMAR SAHU & ORS.

JUDGEMENT

(1.) THE insurer has filed this appeal against the award dated 13.05.2003 in claims case No. 74/1999 by the IVth Additional Motor Accidents Claims Tribunal, Durg (CG) (henceforth the Tribunal), whereby in an injury case, compensation of Rs.2,47,009/ - has been awarded jointly and severally against the appellant and the respondent No. 1 & 2 i.e., driver sand the owner of the motor cycle bearing No. MP 24 -EB/5029. Despite service of notice, respondent No. 3 Leela Ram Dewangan/ claimant did not contest this appeal.

(2.) ADMITTEDLY , on 08.09.1998, the respondent No. 3 Leela Ram Dewangan was riding on his scooter from Durg to Uria. He was carrying a bag of sugar weighing about 15 Kgs near his feet. It was also not disputed by the claimant in the Tribunal that the accident occurred on a curve.

(3.) THE Tribunal considered the fact that the claimant was carrying a bag containing 15 Kgs of sugar near his feet on the scooter and held that to some extent, the claimant was also responsible for the accident. However, it did not apportion the compensation awarded between the respondent No. 3/ claimant on the one hand and the appellant and respondents No. 1 & 2 on the other. The Tribunal awarded compensation of Rs.2,47,009/ - jointly and severally against the appellant and the respondents No. 1 & 2 with interest @ 6% per annum from the date of application till realization. The Tribunal also ordered that if the compensation was not deposited within two months, the appellant and respondents No. 1 & 2 herein shall also be jointly and severally liable to pay interest @ 12% per annum on the amount awarded.