New India Assurance Co Ltd v. Smt. Meena and Others

Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 462 of 2005 Appellant :- New India Assurance Co Ltd Respondent :- Smt. Meena And Others Counsel for Appellant :- Parv Agarwal,Parv Agarwal Hon'ble Saral Srivastava,J.

¶1Heard learned counsel for the appellant.

¶2The present appeal has been filed by appellant challenging the award dated 17.11.2004 passed by Motor Accident Claims Tribunal/ Additional District Judge, Court No.15, Agra in M.A.C.P. No.173/2004.

¶3Challenging the award, learned counsel for the appellant has contended that the it was accident of two trucks i.e. truck No.J25G/915 insured with the appellant-insurance company and another truck No.RJ05G/948. It is contended that there was negligence of driver of another truck No.RJ05G/948 in the accident and the tribunal should have reduced the compensation to the extent of negligence of driver of another truck No.RJ05G/948. Accordingly, it is submitted that the award of the tribunal is not sustainable in law.

¶4Be that as it may, admittedly, the deceased was travelling in another truck No.RJ05G/948 and it was a case of composite negligence. The Apex Court in the case of Khenyei Vs. New India Assurance Company Limited and others (2015) 9 SCC 273 has held that in case of composite negligence, it is choice of claimant to claim compensation from either of the tortfeasor. As the same is covered by the judgement of the Apex Court in the case of Khenyei (supra), therefore, contention of learned counsel for the appellant with respect to negligence is misconceived and is not sustainable in law and is accordingly rejected. The insurance company, if so advised, may institute a proceeding against the owner of another truck No.RJ05G/948 to recover the compensation paid under award to the extent of negligence of driver of another truck No.RJ05G/948.

¶5For the reasons given, the appeal lacks merit and is accordingly dismissed. Order Date :- 28.10.2023 SS High Court of Judicature at Allahabad