JUDGMENT

Vipin Chandra Dixit, J.

Heard Sri. Archit Mehrotra, learned counsel for the appellant, Sri. Ankur Goyal, learned counsel appearing on behalf of claimant-respondent nos. 1 to 3 and perused the record. No one is present on behalf of respondent nos. 4 and 5.

2. This first appeal from order has been filed by the appellant-Insurance Company against the judgement and award dated 07.12.2013 passed by Additional District Judge, Court No.-15/Motor Accident Claims Tribunal, Agra in M.A.C.P. No. 921 of 2007(Sri. R.M.S. Jayas and others v. Sri. Yashpal Singh and others) by which compensation of Rs. 17,31,378.74/- paisa along with 07% interest has been awarded in favour of claimants-respondents on account of death of Abhishek Jayas aged about 23 years.

3. It is submitted by learned counsel for the appellant that it was a case of head on collision in between Honda Activa Scooter and Maruti Van and as such drivers of both the vehicles were equally negligent and responsible for the accident. The claims tribunal has erred in deciding issue no.1 holding rash and negligent driving of driver of Maruti Van and nothing has been deducted in terms of contributory negligence of the scooterist. It is