FAO No.4267 of 2001 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4267 of 2001 Date of Decision. 26.08.2010 Oriental Insurance Company Ltd., Regional Office, Surindra Building, SCO No.109-111, Sector 17-D, Chandigarh through its duly constituted Attorney ......Appellant Versus Balwinder Kaur widow of Gurdish Singh son of Harbans Singh and others ......Respondents Present: Mr. Inderjit Sharma, Advocate for Mr. Pradeep Bedi, Advocate for the appellant. None for the respondents. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? -.- K. KANNAN J.(ORAL) 1. In a collision between the insured's truck and a bus, the driver of the truck died and so too the driver of the bus. The Tribunal apportioned the degree of negligence between the driver of the truck and the bus in the ratio of 25:75. While determining the compensation for the death of the driver of the truck, the Tribunal arrived at an amount of Rs.2,82,000/- and provided for abatement of claim to the representatives to the extent of 25%, the percentage of liability assessed against the driver. 2. The amount found entitled to the representatives, therefore, was assessed at Rs.2,16,000/-, which would have been FAO No.4267 of 2001 -2- directed to be paid only against the insurer of the bus, which was National Insurance Company Ltd. The Tribunal instead apportioned the liability of 25:75 on the amount of Rs.2,16,000/- and directed the insurer of the truck to pay 25% of Rs.2,16,000/-. It is against this direction that the insurance company for the truck is on appeal. 3. I have no doubt in my mind that the Tribunal's award is erroneous for having already abated the claim to the extent of 25% and the relief granted to the claimant ought to have been exclusively only against the owner of the bus for the extent of negligence attributed against its driver. That amount was Rs.2,16,000/- and the entire amount should have been borne by the National Insurance Company, which was the insurer for the bus. The manner of apportionment of the balance of amount after abatement was clearly erroneous. 4. The award of the Tribunal is under these circumstances modified in so far as it cast any liability on the insurer for the truck. The liability as determined by the Tribunal, on the other hand, shall be wholly borne by the owner of the bus and which in turn shall be indemnified by the insurer namely the National Insurance Company. The appeal is allowed to the above extent. (K. KANNAN) JUDGE August 26, 2010 Pankaj*