1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1448 OF 2009 The Manager, The Oriental Insurance Co. Ltd. ... Appellant v/s Prakash Dhanji Yevla & ors. ... Respondents Mr.N.G.Ghatekar for the appellant. Nobody present for the respondents. CORAM: SMT.NISHITA MHATRE, J. DATED: 7TH OCTOBER, 2009 P.C.: 1. The appeal has been filed by the Insurance Company contending that the award of the Motor Accident Claims Tribunal, Malegaon, is incorrect. According to the learned advocate for the appellant, the Tribunal has not considered the fact that in a head on collision between the tractor which was insured by the appellant and the motorcycle ridden by the applicant before the Trial Court, the negligence could not be solely attributed to the driver of the tractor. He submits 2 that in a case where there is a head on collision between two vehicles, the responsibility for negligence must be apportioned equally between the two drivers. This has not been done by the Tribunal, according to the learned advocate. 2. On a perusal of the award, I find that the Tribunal has taken into consideration the submission made on behalf of the Insurance Company before it regarding the apportionment of the negligence between the two drivers. However, in view of the fact that the motorcycle was found on the left side of the road, the Tribunal was of the view that the accident occurred solely because of the negligence of the tractor driver. On consideration of the evidence before it, the Tribunal has awarded Rs.72,000/- as compensation including the non-fatal liability. This has been based on the disability certificate produced by the applicant showing that the disability was 40%. 3. In my opinion, there is no error committed by the Tribunal in assessing the evidence and, therefore, the appeal is dismissed. 4. The amount of Rs.25,000/- which has been deposited in 3 this Court by the appellant for filing the appeal, shall be transmitted to the Motor Accident Claims Tribunal, Malegaon, forthwith, so that the same can be disbursed to the appellant. 5. In view of dismissal of the appeal, Civil Application No. 3920 of 2009 does not survive and stands dismissed. ..... 4