- (1.) This judgment shall dispose of the aforementioned four appeals, filed by the Insurance Company, insurer of the offending truck, assailing the impugned award dated 5.9.2012, passed by the learned Motor Accidents Claims Tribunal, Patiala ( in short 'the Tribunal'), arising out of the same accident.
(2.) It is contended by the learned counsel for the appellant that the driver of the car failed to maintain a safe distance and the front portion of the car struck against the truck, insured by the appellant and caused accident. Therefore, qua the driver of the car, it is a case of contributory negligence, whereas, qua the other occupants of the car, it is a case of composite negligence. Thus, insurer of the car is equally responsible to indemnify the award. He further submits that the vehicle had a permit for the State of Rajasthan, whereas the same was being plied in the State of Punjab. He further submits that the award is highly excessive.
(3.) Learned counsel appearing for the driver and owner of the offending truck adopts the above submissions only to the extent of negligence, but denied the fact that the vehicle was being plied in contravention of the insurance policy.;