A.M.KHANWILKAR, J. - (1.) These appeals take exception to the judgment and order dated 1st February, 2016 passed by the High Court of Punjab and Haryana at Chandigarh in F.A.O. Nos.1179, 1180, 1181, 1182, 1183, 1318, 1452, 4596, 4597 & 4598 of 2013, whereby the High Court modified the award passed by the Motor Accident Claims Tribunal, Yamuna Nagar, Jagadhari, on the finding that it was a case of "contributory negligence" and resultantly held that the claimants - injured were entitled to only 50% of the total compensation awarded to them including the enhanced compensation.
(2.) The sole question raised in the present appeals is about the justness and tenability of the approach of the High Court in reversing the finding of fact recorded by the Tribunal on the factum that the motor accident which occurred on 15 th December, 2011 at about 10.30 P.M. was due to parking of the offending vehicle bearing No.HR 02 AF 8590 (Gas Tanker) in the middle of the road in a negligent manner.
(3.) In the petition for compensation filed before the Motor Accident Claims Tribunal (for short, "the Tribunal"), it was alleged that the accident was caused due to parking of the offending Gas Tanker in the middle of the road without any indicator or parking lights. The claimant examined the eye witness Sohan Lal (PW 7) who, in his affidavit, gave an account of the cause of accident in the following words: ". That on 15.12.2011 at about 10.30 P.M. I along with P.H.G. Ajit Singh was present near Sanjha Chulha Dhaba, on the National Highway, (which leads to Jammu) in the area of Village Ajijpur, P.S. Sujanpur. At that time all the traffic was diverted on the Eastern side of the road, as the Western side of road was closed due to construction work. In meantime, a Maruti Car No.HR 02 K/0448 came from Jammu side (Madhopur side) and struck against the back of the Gas Tanker as the driver of car could not spot the parked tanker due to flash lights of the oncoming traffic from front side. Then we rushed towards the spot of accident, and noticed that the said tanker was standing parked in middle of the road, without any indicators or parking lights. Due to the accident the car was damaged extensively. The driver of the Car and a lady sitting by his side, died at the spot. Two children, who were on the rear seat of car were also injured." (emphasis supplied);