JUDGMENT :

SUDEEPTI SHARMA,  J .

1. Since the ground of challenge in all the appeals is same, therefore, vide this common judgment, all four appeals shall be decided.

2. The present appeals are filed by Insurance Company challenging award dated 12.01.2022 passed by learned Motor Accident Claims Tribunal, Jind on the ground of finding on issue of negligence and quantum of compensation being on higher side.

3. Brief facts of the case are that claimant/respondent No.1-Ayush, aged about 9 years, through his maternal grandfather Shri Ramji Lal son of late Shri Banwari Lal, has averred that on 30.07.2018, he (claimant), along with his younger sister Aanvi @ Aanya (since deceased), parents Satish Sharma (since deceased) and Smt.Sunita Sharma (since deceased), cousin Kartikey and Akshit and paternal grandmother Smt. Prem Lata, started for Gurugram from Chandigarh in Honda City Car No. HR-26AD-5062, which was being driven by his father Shri Satish Sharma at moderate speed and on correct left side of the road. At about 12:00/12:30 P.M., when they reached near the bridge of Khanpur Koliyan, Police Station, Thanesar Sadar, District Kurukshetra, a Truck Trolla bearing registration No. PB-11AG-9186, came from Shahabad side, which was being driven rashly and negligently and at a high speed by its driver. While his father Shri Satish Sharma (driving Honda City Car No.HR-26AD-5062) was in the process of crossing the aforesaid Truck/Trolla, its driver changed the land and suddenly stopped his Truck/Trolla in front of their Honda City Car. His father Shri Satish Sharma (since deceased) applied breaks, but the same were of no avail as the Car slid underneath the Trolla. The impact of collision was so great that her mother Sunita, and younger sister Aanvi @ Aanya, died at the spot, whereas he himself (Ayush), his father Shri Satish Sharma, cousin brothers Kartikey and Akshit and grandmother Smt. Prem Lata, suffered multiple serious and grievous injuries. Injured were rushed to the hospital. His father Shri Satish Sharma and grandmother Smt. Prem. Lata unfortunately died during treatment in LNJP Hospital, Kurukshetra. He (claimant/respondent No.1 Ayush) and his cousin brothers Kartikey and Akshit, were got admitted in Anand Hospital, Kurukshetra.

SUBMISSIONS OF LEARNED COUNSEL FOR THE PARTIES

4. Learned counsel for the appellant–Insurance Company contends that the learned Tribunal erred in not considering contributory negligence on the part of the deceased, driver of Honda City Car No. HR-26-AD-5062. He further contends that as per the testimony of eye-witness (PW-5), the deceased attempted to overtake the offending Truck/Trolla No. PB-12-AG-9186 and failed to exercise due caution while doing so. Hence, some proportion of liability ought to have been fastened upon him.

5. He relies on Nishan Singh and others Vs Oriental Insurance Company Limited, 2018 INSC 341 to support his arguments wherein, Hon’ble Supreme Court held that the car which crashed into truck which was proceeding in front of the same was driving negligently by not maintaining sufficient distance as contemplated in Road Regulations framed under Motor Vehicles Act, 1988. Therefore, he prays that the present appeal be allowed.

6. Per contra, learned counsel for the respondent–claimants submits that no issue regarding contributory negligence was framed, nor was any such plea raised before the learned Tribunal. He further contends that neither the driver nor the owner of the offending vehicle stepped into witness box to prove negligence on the part of the deceased. Therefore, the finding of the learned Tribunal warrants no interference and the appeal deserves dismissal.

7. I have heard learned counsel for the parties and perused the whole record of this case with their able assistance.

8. It would be apposite to reproduce the relevant extract of award, which is reproduced as under:-

“ISSUE NO.1:-

16. (a) First question which needs adjudication is as to whether vehicle No. PB-11AG-9186 was involved in