Court No. - 1
Case :- FIRST APPEAL FROM ORDER No. - 1152 of 2015 Appellant :- United India Insurance Co. Ltd. Respondent :- Smt. Shanti Devi And 4 Others Counsel for Appellant :- Amit Manohar Counsel for Respondent :- Amit Kumar Sinha,Deepali Srivastava Sinha,Pranjal Mehrotra
Hon'ble Vivek Agarwal,J.
This bunch of appeals filed by the Insurance Company originate from different awards dated 17.1.2013 and 10.4.2015 though the accident is common in all the appeals.
The only ground which has been urged by learned counsel for the appellant is that the learned Tribunal failed in not taking into account factum of contributory negligence of Appe three wheeler though as per the spot map it is evident that accident took place due to head on collusion on G.T. Road on spot-A where Appe was coming from Mooratganj to Allahabad whereas ford Endeavour insured with the Insurance Company was travelling from Allahabad to Mooratganj. It is submitted that this accident took place almost in the centre of the road and one Jamman who also was injured in the accident stated that three wheeler was over loaded and was being driven at a high speed in a rash and negligent manner.
Sri Amit Kumar Saxena on the other hand submits that firstly Nakhsha Najri i.e. the spot map has not been proved by the Insurance Company or any other independent witness before the learned claims Tribunal, therefore no adverse finding can be drawn on the basis of Nakhsha Najri.
Secondly, Jamman in his cross examination has though said that vehicle was being driven at a high speed in a rash and negligent manner but has not deposed that accident took place because of negligence of the driver of the three wheeler.
In view of the such evidence which has come on record, I do not find any infirmity or illegality in the impugned award inasmuch as Insurance Company has failed to discharge its burden to bring on record factum of contributory negligence, through any independent witness, therefore appeals fail and are dismissed.
Order Date :- 6.1.2021 Arif