Judgment

Mrs. Alka Sarin, J.

This common order will dispose off both the above captioned appeals being FAO-3324-2012 filed by the Insurance Company and FAO-4025-2012 filed by the claimants challenging the award dated 19.12.2011 passed by the Motor Accident Claims Tribunal, Patiala (hereinafter referred to as the ‘Tribunal’).

2. Since the facts, as recorded in the impugned award passed by the Tribunal, are not in dispute, the same are not being reproduced herein for the sake of brevity.

FAO-3324-2012

3. The Insurance Company has preferred the present appeal aggrieved by the award to the extent that it was a case of contributory negligence and that since it was a head on collision, 50% of the amount of compensation awarded by the Tribunal ought to have been deducted towards contributory negligence.

4. Learned counsel for the Insurance Company has stated that since it was a head on collision, it was a clear case of contributory negligence and hence the Tribunal has erred in not deducting 50% of the amount of compensation awarded by it towards contributory negligence.

5. Per contra learne