M/S.United India Insurance Co. Ltd vs D.Hemavathy on 27 April, 2017
9. By placing reliance on the above decision of the Division Bench
of this Court, the learned counsel for the appellant/Insurance Company
contended that the Tribunal erred in holding that the appellant is vicariously
liable for payment of the compensation amount to the claimant. The claim
petition ought to have been dismissed by the Tribunal on the ground of non-
joinder of necessary parties. The findings of the Tribunal that both the two
wheeler riders have contributed for the accident equally and the principle of
composite negligence will arise in this case, is without any basis. In such
circumstance, the claimant is not entitled for payment of compensation and
therefore, the learned counsel for the appellant/Insurance Company prayed for
setting aside the order passed by the Tribunal.