NEW INDIA ASSURANCE CO LTD Vs. RAM PARTAP

JUDGEMENT

(1.) INSTANT appeal has been preferred against the impugned award dated 06.08.2011 whereby, ld. Tribunal has granted compensation for a sum of Rs.6,02,980/ - with interest @ 7.5% per annum from the date of filing of the petition till realization.

(2.) LD . Counsel appearing on behalf of the appellant has argued that on 08.08.2009 at about 9 A.M. deceased Lalit was going on his motorcycle from Nazafgarh to Old Kakrola Road. When he reached Nazafgarh near Dabas Medical Store, offending truck bearing registration no. HR -16GA -0319 came from opposite direction and hit the motorcycle. As a result thereof, deceased fell down on the road and received fatal injuries. Ld. Counsel submits that above narrated accident was head on collision, despite that ld. Tribunal has not ascertained any contributory negligence on the part of the deceased.

(3.) EVERY head on collision cannot be said to be a contributory negligence until and unless it is specifically investigated or proved by the opposite party that drivers of both the vehicles were equally responsible for the said accident. Therefore, I do not find any discrepancy in the view taken by the ld. Tribunal that there was no contributory negligence on the part of the deceased.