JUDGMENT

V.S. Sirpurkar, J.—

1. Leave granted.

2. The appellants herein challenges the judgment passed by the High Court, confirming the judgment of the Motor Accidents Claim Tribunal (hereinafter referred to as ‘the Tribunal’ for short), whereby, the Tribunal limited the appellants’ entitlement to 50% of assessed claim amount and granted compensation of Rs.6,56,300/- on the ground that there was contributory negligence on the part of the driver of the Car, who lost his life in accident. He was the husband of appellant No. 1 and the father of appellant No. 2. The Car was insured by respondent No. 3 Oriental Insurance Company Ltd.

3. One Jadhav Rajkhowa died in a motor vehicle accident on 5.12.1998 at about 7 pm, when he had gone to Dergaon market from his house at Dadhara in his Maruti Car bearing Registration No. WB/12/6287. On the way of Dergaon, one truck bearing Registration No. NLA-241, coming from Jorhat side towards Bokakhat in a rash and negligent manner, hit the Maruti Car causing the instant death of said Jadhav Rajkhowa. Therefore, the claim petition was filed by his legal representatives (the appellants herein). The Car was insured with Oriental Insurance Company Ltd.,