In a case of head-on collision without any intervening factor, a finding of contributory negligence ought to be returned.

V.K.Bali, J.

1. I propose to decide these five appeals bearing Nos. 256, 296, 297, 298 and 470 of 1995 by common order as all the appeals arise from one accident. The Motor Accident Claims Tribunal has chosen to dispose of all claim applications by one order. Learned Counsel for the parties state that the same course be adopted by this Court also. Facts giving rise to these appeals need brief mentioned.

2. On 9th of June, 1991, Om Parkash Tangri alongwith his wife Smt. Neera Tangri, his daughter Ashu Tangri, sons Arun Kumar and Vinay Kumar and one more person Parbhat Singh was coming from Delhi to Rajpura by Maruti Car No. CHE 6900. After crossing Madhuban Police Complex, when the car was heading towards Karnal on its left hand side being driven by Om Parkash at slow speed, one Truck No. HRJ 6451 belonging to Pritam Dass Khurana, which as per the claimants was being driven rashly and negligently on a very fast speed by Jit Singh respondent No. 2 came from the opposite direction on wrong side and struck against Maruti Car resulting into injuries to all the occupants of the car. The car was totally smashed. All the injured were removed to Arpana Hospital, Madhuban immediately but within few hours Om Parkash Tangri died. Five separate claim petitions arising out of this accident were filed. Smt. Neera Tangri claimed compensation on account of death of Om Parkash Tangri in the main petition referred to above. It was averred that Om Parkash Tangri was 43 years five months and 24 days of age on the date of accident and he was working as Accounts Manager in Amrit Banaspati Co. Ltd., Rajpura earning Rs. 4599.35 per month and his widow, two sons and one daughter were dependent upon him. In all a sum of Rs. 12,00,000/- was claimed on account of death of Om Parkash. A sum of Rs. 1,15,000/- was also claimed for damages caused to the car. In yet another claim petition filed by Vijay Tangri aged about 12 years, compensation to the tune of Rs. 5,00,000/- was claimed on account of injuries suffered by him. In yet another claim petition filed by Arun Tangri aged about 15-1/2 years, Rs. 5,00,000/- were claimed on account of injuries suffered by him. In the main petition filed by Smt. Neera Tangri an amount of Rs. 2,00,000/- for the injuries sustained by her was claimed. Parbhat Singh aged 38 years filed yet another claim petition asking for Rs. 5,00,000/- on account of injuries suffered by him. As mentioned above, all these claim petitions were consolidated and decided by common order.

3. The respondents contested these claim petitions and pleaded in the written statement that Car No. CHE-6900 was being driven rashly and negligently at a fast speed on a wrong side of the road whereas truck was being driven by Jeet Singh on right side at a normal speed and when the car came on the wrong side of the road, the truck driver took his truck on kacha part of the berm by the side of metalled road on his left hand side but the car struck against front part of the truck. Thus, the accident was caused due to rash and negligent driving of the car driven by Om Parkash Tangri. It was also pleaded that the claimants cannot be allowed to take advantage of the wrong on the part of car driver. An alternative plea was also taken that in case contributory negligence of drivers of the two vehicles was found, then since the truck had been got insured with Oriental Insurance Company Ltd. so the amount of compensation be got paid from the Insurance Company. Insurance Company filed separate written statement and pleaded that the accident had taken place on account of rash, negligent and careless driving of the car by its driver and therefore, no compensation could be paid to the claimants. On the pleadings of the parties, Motor Accident Claims Tribunal framed the following issues :-

1. Whether the accident in question resulting into death of Om Parkash Tangri, injuries to claimant Parbhat Singh, Vinay Tangri/Mrs. Neera Tangri and Arun Tangri was caused due to r