RAJO DEVI Vs. MANJEET KAUR

JUDGEMENT

(1.) Leave granted.

(2.) The challenge in the present appeals is to the common order dtd. 27/2/2020 in FAO No. 1905 of 2014 (O&M) and 8197 of 2014 (O&M) whereby the High Court of Punjab and Haryana had partially upheld the order dtd. 3/6/2011 passed by Motor Accident Claim Tribunal, Kaithal, ('MACT' for short) to the extent of application of principle of contributory negligence.

(3.) The factual matrix of the case is that on 26/7/2009, a newly purchased motorcycle bearing chassis No. S107RP602050 (insured with M/s Bajaj Allianz General Insurance Company Limited (Respondent no. 5 herein) was being driven by the deceased Gautam who happened to be a bachelor aged around 22 years (son of claimants, namely Rajo Devi (appellant no. 1 herein) and Prem Chand (appellant no. 2 herein) and on which his brother-in-law, deceased Harpal Singh (his dependants are Harjinder Kaur, Babu Singh and Noordeep (appellant nos. 3, 4 & 5 herein respectively) aged about 30 years, was riding pillion. While they were going on the main road in the area of Police Station Kaithal, an Alto car bearing registration No. HR08-J-3157 (insured with M/s New India Assurance Company Limited (Respondent no. 6 herein)) being driven by Gulzar Singh and in which one Kulwinder Singh (since injured) was sitting next to the car driver, came from the opposite side and a head-on collision took place between the two vehicles, leading to death of both the motorcyclists and injuries to Kulwinder Singh. The owner and driver of alto car, namely, Gulzar Singh, died after sometime due to some other reason and was represented by his LRs, namely Manjeet Kaur, Virender Singh and Sarabjeet Singh (Respondents no. 1, 2 & 3 herein respectively) before the Trial Court.