BIKKAR SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Learned counsel for the parties have been heard.

(2.) This appeal has been filed by the persons, who were petitioners before the Tribunal and have challenged the award dated 24.12.2011 on the ground that 50% of the liability was wrongly saddled on them on account of contributory negligence of the deceased. Irshad, son of the appellants, had died in a road accident on 15.7.2010 and case of the appellants was that respondent No.1 was driving the offending vehicle i.e. Swift car No.HR-26-AW-7711 in a rash and negligent manner and had caused the accident.

(3.) The Tribunal appreciating the evidence held that there was a headon collision between the above said car and the motor-cycle being driven by deceased Irshad and, therefore, both the motor-cycle and the car driver were equally negligent. For such reason, 50% of the total amount was awarded to the appellants, which was liable to be paid by the Insurance Company.