IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.4008 of 2009(O&M) Date of decision: 11.8.2009 The Oriental Insurance Company Limited ......Appellants(s) Versus Krishna & others ......Respondent(s) CORAM:- HON'BLE MR.JUSTICE RAKESH KUMAR GARG * * * Present: Mr. R.K. Bashamboo, Advocate for the appellant-Insurance Company. Rakesh Kumar Garg, J.(Oral) CM No.18514-CII of 2009 CM is allowed as prayed. Delay of 86 days in making up the deficiency in Court fee good is condoned. CM No.18515-CII of 2009 For the reasons mentioned in this application, delay of 17 days in filing of this appeal is condoned. CM stands disposed of. CM No.18516-CII of 2009 and FAO No.4008 of 2009 This is insurer's appeal challenging the impugned award passed by the Motor Accident Claims Tribunal, Bhiwani whereby the claimants have been awarded compensation on account of death of Sant Lal @ Sant Ram, caused due to rash and negligent driving of both the offending vehicles which were involved in the accident and the appellant was held liable to pay 50% of the compensation as determined considering their contributory negligence at 50%. The only ground taken in this appeal by the Insurance Company is that the findings of the Tribunal on issue No.1 to the effect that accident took place due to rash and negligent driving of respondent No.5 FAO No.4008 of 2009(O&M) -2- are erroneous and therefore, the appeal is liable to be accepted. Admittedly, the appellant-Company cannot challenge the findings of the Tribunal on the issue of negligence under Section 149(2) of the Motor Vehicles Act, 1988. It is not in dispute that the appellant-Company was not granted any permission by the Tribunal under Section 170 of the Motor Vehicles Act to take all such defence(s) which an owner or driver of a vehicle can take. In view of the aforesaid, I find no merit in this appeal. Dismissed. August 11, 2009 (RAKESH KUMAR GARG) ps JUDGE