M.Y.EQBAL,JAYA ROY - (1.) .This appeal is directed against the judgment and award passed by the Motor Accident Claims Tribunal, Koderma in Claim Case No. 58 of 1993 whereby the Tribunal awarded a sum of Rs. 3,60,000/by way of compensation for the death of deceased.
(2.) LEARNED counsel for the appellant assailed the award mainly on the ground that there was a head -on collusion between the trekker and truck and, therefore, the liability should have been apportioned between the insurers of the two vehicles. It appears that deceased was traveling in a trekker. All of a sudden a truck, which is admittedly a heavy vehicle, dashed the trekker and the impact was such that not only the deceased passenger but also the driver of the trekker died on the spot and several other passengers of the trekker sustained injuries. In our considered opinion in such a case where because of rash and negligent driving of a truck causing death of passengers and driver of the trekker the question of contributory negligence does not at all arise. It is also worth to mention here that in other claim cases the Insurance Company satisfy the order passed by the Tribunal.
(3.) FOR the reasons aforesaid. we do not find any merit in this appeal, which is accordingly, dismissed.;