Appellant-insurer has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, ‘Act’) to assail the impugned judgment and award dated 2nd of February, 2015 passed by the learned Motor Accident Claims Tribunal First, Jodhpur (for short, ‘learned Tribunal’).
By the judgment and award impugned, the learned Tribunal, on adjudication of claim laid by the respondent-claimant, has recorded a definite finding that insured vehicle was contributorily negligent for the occurrence of the accident and apportioned its negligence upto 50%. Finally, the learned Tribunal quantified the compensation, for the injuries suffered by the respondent-claimant, to the tune of Rs. 70,000/- and respondents No. 2 & 3 as well as appellant-insurer were held liable to pay compensation jointly and severally.
I have heard learned counsel for the appellant and perused the impugned judgment and award.
The learned Tribunal, while adjudicating Issue No. 1 relating to rash and negligent driving, has considered the evidence and available material threadbare and thereupon it has recorded a definite finding that accident has occurred due to rash and negligent driving of both the vehicles. It is also recorded, in the impugned judgment and award, that no endeavour was made by the drivers of both the vehicles to avoid accident and accident is result of inapt handling of the vehicles by both the drivers. In totality, both the vehicles were held contributorily liable for the occurrence of the accident.
As regards Issue No. 2, which was settled as per the pleadings of the insurer, the same has been decided against the insurer for not discharging its burden.
Adverting to Issue No. 3, relating to quantum of compensation, learned Tribunal has made a fair assessment of compensation amounting to Rs. 70,000/- considering the gravity and magnitude of the injuries suffered by the respondent-claimant.
Upon overall evaluation of the impugned award and taking into account the meager amount of compensation awarded by the learned Tribunal, I am not persuaded to interfere with the impugned judgment and award in this appeal.
Resultantly, the appeal fails and the same is, accordingly, dismissed summarily.