JUDGMENT

SANJAY KISHAN KAUL, J.

CIVIL APPEAL NOS.2538-2539 OF 2018

1. On 12.11.2005, one Mr. Balwant Singh was driving a motorcycle bearing registration No.HR-01R-6462 with Mr. Suresh Kumar as a pillion rider in Village Kansapur, Haryana, when it met with an accident with the offending vehicle, being Car No.HR-02L-8993. The driver of the car was one Mr. Nirmal Singh and the vehicle was owned by Compaq International, insured with Bajaj Allianz General Insurance Company Limited. Both the driver and the pillion of the motorcycle suffered injuries. They, thus, filed two claim petitions under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the ‘said Act’) claiming Rs.20 lakh (by Mr. Balwant Singh) and Rs.15 lakh (by Mr. Suresh Kumar). The two separate claim petitions were tried together and post trial in terms of the award dated 12.2.2008, an amount of Rs.45,500/-was awarded to Mr. Suresh Kumar and Rs.1,21,000/-was awarded to Mr. Balwant Singh. Since contributory negligence was found to be 50 per cent, the amount determined was reduced by 50 per cent to award the aforesaid amounts. All the respondents were made jointly and severally liable, which included the own