M.R.SHAH,J. - (1.) Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Auxi.), at Anjar, District Kutch (hereinafter referred to as "Tribunal") in Motor Accident Claim Petition No.44/2015 insofar as holding the original opponent No.1 - driver of the Eicher Matador No. GJ03Y8206 sole negligent for the accident, original opponent No.3 - insurer of the Eicher Matador involved in the accident - United India Insurance Co. Ltd. has preferred the present First Appeal.
(2.) At the outset it is required to be noted that the impugned judgment and award passed by the learned Tribunal is assailed insofar as holding the original opponent No.1 - driver of Eicher Matador sole negligent for the accident.
(3.) Shri Maulik Shelat, learned advocate appearing on behalf of the appellant - insurance company has vehemently submitted that in the facts and circumstances of the case more particularly from the panchnama produced at Exh.34, it has come on record that there was a head on collision between Alto Car No.GJ12P4511 in which the original injured claimant was traveling and Eicher Matadar No.GJ03Y8206 and therefore, the driver of both the vehicles are required to be held contributory negligent to the extent of 50%. In support of his above submission, Shri Shelat, learned advocate appearing on behalf of the appellant - insurance company has heavily relied upon the decision of the Hon'ble Supreme Court in the case of Bijoy Kumar Dugar v. Bidya Dhar Dutta and Others reported in (2006)3 SCC 242. Relying upon the aforesaid decision of the Hon'ble Supreme Court more particularly para 12 of the said decision, Shri Shelat, learned advocate appearing on behalf of the appellant has submitted that in all cases where there is a head on collision, driver of both the vehicles involved in the accident are required to be held contributory negligent to the extent of 50% and more particularly when both the vehicles are found on the middle of the road. No other submissions have been made.;