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Head Note

Motor Vehicles Act,1988  - Section 173

Motor Accident - Compensation - Assessment of - Contributory negligence - Truck hitting the car - Two person sitting in the car died on the spot - Third person suffered serious injuries - Tribunal holding that there was contributory negligence on the part of the driver of car - Tribunal awarding compensation of Rs. 6,56,300/- - 50% amount of the assessed claim - Tribunal silent on the point of manner of accident - No question of any contributory negligence on the part of the driver of the Maruti Car - Accident solely because of the negligence on the part of the Truck restricting the claim to the 50% of the assessed amount of compensation - Illegal - No sustainable - Appeal allowed.

Motor Vehicles Act,1988  - Section 173

Motor Accident - Compensation - Contributory negligence - Plea of - No evidence on record to suggest that there was any failure on the part of the car driver or that he had breached his duty in any manner - Breach on the party claimant had to be proved by Insurance Company - Panchanama of the damaged car and the truck not brought on record - Insurance Company failed to discharge its burden - Compensation was correctly assessed.

Topic(s)-Motor Accident Claim , Compensation , Contributory Negligence