JUDGMENT

1. With the consent of the parties, the present appeals are being heard and decided finally.

2. Both the aforesaid appeals shall stand decided by this common judgment as they arise out of the same accident.

3. The present appeals arise out of the Judgment and Award dated 15.02.2017 passed by the Judge, Motor Accident Claims Tribunal, Sri Karanpur, District Sri Ganganagar in Claim Case No. 36/2014 (Smt. Jaspreet Kaur & ors. Vs. C. Karthi & ors.) vide which the Tribunal awarded a total sum of Rs. 26,37,000/- along with interest @ 7.5% per annum as compensation under various heads in favour of the appellants-claimants in CMA No. 2526/2017.

4. CMA No. 2526/2017 has been filed by the claimants seeking enhancement of compensation amount awarded by the Tribunal, whereas, CMA No. 1367/2017 has been filed by the non-claimant -Insurance Company of the subject truck assailing the validity of the Judgment dated 15.02.2017 on the ground of contributory negligency of both the vehicles involved in the present case.

5. A claim petition was filed by the claimants (appellants in CMA No. 2526/2017) before the Tribunal stating that on 20.06.2010, the deceased while driving Maruti Car bearing Registration No. HR-51-N-4375 was coming from Masruwala to his in-laws house situated at 9G. When he reached at 22 ML near the Baramasi Canal Bridge on the Suratgarh to Ganganagar road, the non-claimant No. 1, the driver of truck bearing Registration No. TN-AY-3560 driving it rashly and negligently hit the Maruti car, due to which Jasvinder Singh sustained grievous injuries and died on the spot. In these circumstances, the appellants-claimants claimed the compensation under various heads on account of death of the deceased Jasvinder Singh in the said accident.

6. The Tribunal after framing the issues, evaluating the evidence and hearing the arguments of the parties, passed the judgment and award dated 15.02.2017 vide which an amount of Rs. 26,37,000/- was awarded as compensation under various heads in favour of the appellants-claimants.

7. Heard learned counsel for the parties.

8. CMA No. 1367/2017 filed by the non-claimant/appellant -Insurance Company is taken up firstly.

9. Learned counsel for the appellant-Insurance Company submits that the findings of fact recorded by the Tribunal with respect to the Issue Nos. 1 and 2, on the face of it, are erroneous. He further submits that the accident in the present case was occurred on 20.06.2010 between the Maruti Zen Car, which was being driven by the deceased Jasvinder Singh, who was traveling from Suratgarh to Sri Ganganagar and the subject truck which was driven by the non-claimant/respondent - C. Karthi, which was coming from the opposite direction i.e. from Sri Ganganagar to Suratgarh. He further submits that as per the site plan prepared by the investigating agency pursuant to the F.I.R. lodged with respect to the accident in the present case, the place of accident was marked as "X", which was shown at the right side of the Maruti Zen car driven by the deceased. As per the site plan, the Maruti Zen Car was reported to have wrongly crossed the mid-line of the road and after shifting to the right side, hit the truck coming from opposite direction. He further submits that since the driver of the Maruti Zen Car was required to ply the vehicle on the left side from the mid-line of the road and to maintain the direction of traveling on the left side but the same was reported to have wrongly shifted or traveled to the other side i.e. on the right side of the mid-line of the road, hitting the truck coming from the opposite direction, therefore, the driver of the truck cannot be solely made responsible for the rash and negligent driving in the present case.

10. He further submits that as per the M.T.O. Reports, both the vehicles stated to have suffered damages on the right side portions. He further submits that even as per the statements of the eye-witnesses, namely, P.W. 2 - Somnath and P.W. 3 -Girdhari Lal, there wa