Court No. - 1

Case :- FIRST APPEAL FROM ORDER No. - 1275 of 2013

Appellant :- United India Insurance Co. Ltd.

Respondent :- Safiq Ahmed And 5 Ors.

Counsel for Appellant :- Amit Manohar

Counsel for Respondent :- Amit Kumar Sinha,Raj Kumar Maurya

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 f