- (1.) The present appeal has been preferred by the appellant- National Insurance Company Limited (respondent No.3 in the claim petition) against the award dated 15.05.1999, passed by the learned Motor Accidents Claims Tribunal, Faridabad (hereinafter called the 'Tribunal') vide which respondents No.1 to 3-claimants have been awarded compensation to the tune of Rs.1,63,200/- on account of death of Khem Chand son of Mukand Lal in the motor vehicular accident, which took place on 22.11.1994.
(2.) The learned Tribunal has held the driver of Matador bearing registration No.HR-38-1624 and respondent No.4 the driver of truck bearing registration No.HR-38-4835 contributory negligent in equal shares for causing this accident. So, the appellant-Insurance Company was directed to pay 50% of the amount of the compensation, which comes to Rs.1,63,200/-.
(3.) Learned counsel for the appellant contended that there was no negligence on the part of the driver of the truck. The tyre of the truck had got punctured. The truck was parked on the side of the road and was in stationary condition but the Matador came from behind and struck in the standing truck. Even the criminal case has been registered on the statement of the driver of the truck. So, no negligence can be attributed to the driver of the truck. Consequently, he contended that the findings of the learned Tribunal qua contributory negligence are erroneous and the appellant is not liable to share the amount of compensation.;